Our Programs, Products and Services are owned and operated by ActIVate Drip Spa, LLC (“Company,” “we,” or “us.”)The term “you” refers to the user or viewer of our website.
These Terms and Conditions (“T&C”) set forth how you may use our Programs, Products and Services and their content. Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use our Programs, Products and Services.
Use and Consent
All of our Programs, Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product or Services or our Website by anyone under 18 is unauthorized, unlicensed and in violation of these T&C. By accessing or using our Programs, Products, or Services or our Website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our T&C.
We try to ensure that our Program, Product and Services availability is uninterrupted and that any delivery of our Programs, Products, or Services through our Website will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Services you are using, or in documents referenced by or linked to the Program, Product or Services.
We take every precaution to protect our users’ information. When users submit sensitive information via the Program, Product or Services, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our Services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Intellectual Property Rights
Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance, graphics, videos, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, case studies, electronic manuals, worksheets for test manuals, articles, chapters, interactive online forums, and/or any other reading or training materials provided by us to you (collectively “Program Materials”). Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these T&C.
If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for limited to you only.
You are being granted a limited license to use our Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Services from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these T&C.
Information You May Use for Your Own Personal Use Only. You are permitted to use our Programs, Products, Services and Program Materials as follows:
- You are permitted to use our Programs, Products, Services and Program Materials in the context of your own personal or professional use for informational and educational training purposes only.
- You are permitted to download and/or print free resources from our Websites or e-mails, including e-mail correspondence, e-newsletters, and other information shown under “Free Resources” on our Website pages for your own personal use, but only provided that you give us credit by name (ActIVate Drip Spa, LLC), keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.
By downloading, printing, or otherwise using any material from this Program, Product or Services for any use you in no way assume any ownership rights of that material.
However, you may not use our Programs, Products or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
Any trademarks, taglines, and logos displayed on the Program, Product, or Services and Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Services titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that the information and Program Materials obtained in or through our Website, Program, Product or Services has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you expressly agree that you will not steal our Program Materials or their content, or share them, in whole or in part, with any other person without our express written permission.
You agree that you are clearly and expressly prohibited from doing the following:
- You may not duplicate, share, trade, sell, or otherwise distribute any information obtained in or through our Programs, Products or Services to any other psychologist or psychotherapy professional, or to any other person, for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal or professional use.
- You may not use the Program Materials, including but not limited to the case studies, or any other information related to our Programs, Products or Services, in whole or in part, in your clinical practice or in any way related to your clinical practice. Should you wish to use any portion of the Program Materials in your clinical practice, you are required to purchase a copy of the test manual and copies of the worksheets and/or any other available information from the appropriate publisher.
- You may not use the Program Materials, including but not limited to the case studies, or any other information related to our Programs, Products or Services, in whole or in part, to conduct, support, present or otherwise disseminate training or education for any other mental health professional, or to any other person, in any way, at any time.
- You may not use the Program Materials, including but not limited to the case studies, or any other information related to our Programs, Products or Services, in whole or in part, in a court setting or as part of the legal process, including but not limited to serving as, supporting, or in reliance of presentation as evidence, testimony (whether oral or written), or discovery materials including interrogatories, depositions, production of records of any kind, unless compelled by a court of law or as required by law.
- You may not use the Program Materials, including but not limited to the case studies, or any other information related to our Programs, Products or Services, except as under your true legal name and the accurate and truthful presentation of your professional and academic credentials.
- You may not violate our intellectual property rights, including copyright and trademark rights. By downloading, printing, or otherwise using the material from this Program for your own training purposes in no way gives you any copyright, trademark or ownership rights of the material contained in the Program Materials.
- You may not engage in improper and/or unauthorized use of our Program Materials, including but not limited to case studies, or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these T&C, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any mental health professional in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services including but not limited to, our Website, Program Materials, password-protected Website page or forum, or any other communications provided by us to you.
Engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or this Website as set forth in these T&C is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use and/or unauthorized use may give rise to a claim for damages and/or be a criminal offense.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us
By posting or submitting any material (including, without limitation, comments, e-mail communications, Website submissions) to us through our Program, Product or Services, our Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older.
In addition, when you submit or post any material in any way affiliated with our Program, Product, or Services, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, Services mark or patent laws under any relevant jurisdiction.
By participating in our Programs, Products and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.
As a Licensee, you agree that you are using your own judgment in using the Program Materials and information provided on and through this Program, Product or Services, which is done at your own risk. You also agree to our full Disclaimer on our Website.
Your use of any information or Program Materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services and Program Materials. You assume responsibility for your choices, actions, use or nonuse of any of the Program Materials or other information in our Programs, Products and Services, and you acknowledge that you are using, or not using, our Program, Product or Services and Program Materials at your own risk.
You acknowledge that the Program Materials including but not limited to case studies are being presented for informational and educational purposes only, and to the best of our ability, the Program Materials have been sanitized to remove any the specific identity, identifying characteristics and/or personal health information of any enrollee or individual so that any particular individual’s identity may not be determined as we aim to protect the confidentiality of case study enrollees or any other individual. For some reason, should the identity of a case study enrollee or any other individual have their identity discovered or known to you or to others as a result of you reading or otherwise using the Program Materials, including but not limited to the case studies, we are not liable in any way for the discovery or identification of any such individual’s specific identity, identifying characteristics and/or personal health information.
You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product or Services. Our Programs, Products, and Services are for informational and educational purposes only.
We cannot and do not guarantee that you will attain a particular result through the use of our Programs, Products and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services.
THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAMS, PRODUCTS OR SERVICES OR PROGRAM MATERIALS FOR ANY PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PROGRAMS, PRODUCTS OR SERVICES, PROGRAM MATERIALS, OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, Product or Services, including by your use or inability to use any information obtained on or through the Program, Product or Services, any websites linked thereto, and/or any material posted on our Website, or in any other way through our Programs, Products or Services by us or by others, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall anyone related to us, our Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, contractors, joint venture partners, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, our Programs, Products or Services, including the Program Materials or third-party materials made available through our Programs, Products or Services, even if we are advised beforehand of the possibility of such damages.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of you or any other Program, Product or Services participant or user.
You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these T&C.
These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Links to External Websites or Use of Social Media
We accept no liability for any of the views, facts, opinions, or references in our Programs, Products or Services whatsoever. Information posted on this Website related to our Programs, Products and Services or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.
In addition to the ways outlined in this T&C relating to the permitted use, prohibited use, and the improper and/or unauthorized use of our Programs, Products, and Services, and Program Materials, you must not use our Program, Product or Services, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you.
In addition to the ways outlined in this T&C relating to the permitted use, prohibited use, and the improper and/or unauthorized use of our Programs, Products, and Services, and Program Materials, you may not use our Program, Product or Services, or any aspect related to it, in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety to anyone or anything
- To impersonate any third party or otherwise mislead as to the origin of your content
- To reproduce, duplicate, copy or resell any of our content in contravention with these T&C or any other agreement with us.
If paying by credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Programs, Products, or Services for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue.
If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
When you purchase this Program, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use our Programs, Products or Services for legitimate purposes only in compliance with these T&C. You also agree not to make any purchases for speculative, false or fraudulent purposes.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of our Programs, Products or Services.
You agree to only purchase these Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
In addition, if you are dissatisfied with any of our Programs, Products or Services, you may also submit your complaint to info@ActIVateDripSpa.com.
Right to Monitor
ActIVate Drip Spa and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services and/or our Website, e-mail communications, or any other method of communications related to our Programs, Products or Services at any time without notice. Should you or we wish to terminate the Programs, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us. We further reserve the right, in our sole and exclusive discretion, to remove, delete or withdraw any information posted or included by You on the website or elsewhere regarding ActIVate Drip Spa. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Programs, Products, Services or our Website, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to Program Materials and the Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these T&C, shall survive such termination of your access and apply in full force.
It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to us via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Houston, Texas and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If you have any questions about any term of these T&C, please contact us info@ActIVateDripSpa.com.