THIS DOCUMENT CONTAINS TERMS OF USE FOR ALL ONLINE COURSE BY LEARN PLAY THRIVE, L.L.C.
TERMS OF USE
By checking the box next to Terms of Use, and clicking the “Purchase” button, you, the purchaser of a Learn Play Thrive Course (hereinafter “Client”) agree and willingly purchase entry into this online education program provided by Learn Play Thrive, L.L.C, a North Carolina L.L.C. (hereinafter “Instructor”), and you agree you are voluntarily entering into a legally binding Agreement with Instructor, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confirmed by all parties, Client is electing to purchase the program outlined on the corresponding sales page(hereinafter "Program") for the price as noted on the sales page, excluding any discounts, bonuses, or other promotional pricing that may be offered from time to timeIn exchange, Instructor agrees to provide the services outlined in the Program Outline below.
Program Outline:
Client is purchasing an online pre-recorded or live, online-only continuing education course with Instructor. Client will have access to the online course for the period of time outlined on the course sales page.
Client acknowledges that he/she has read the course sales page and conducted any additional research necessary to feel he/she understands what is being provided in Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Instructor’s website.
Confidentiality
Client agrees not to reveal any protected health information of patients to Instructor or other participants in the Program.
Client understands and acknowledges that handouts from this course are for personal use with Client’s own patients and are not to be openly shared with others who have not participated in Instructor’s program, and agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program.
Should Client breach this provision and disclose confidential or proprietary information belonging to Instructor or another participating in the Program, Client understands additional action may be taken by Instructor including but not limited to removal from Program, and/or legal action.
Testimonials
Instructor may request Client provide a testimonial to be published on Instructor’s website, or on various sales materials for this or another Program created by Instructor. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Instructor and Client if Client refuses testimonial.
If Client accepts and provides Instructor with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Instructor’s website or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Instructor an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Instructor as part of a Testimonial.
Payment and Payment Plans
Client understands the fee for Program is payable up front, in full. Client agrees to render payment via Stripe credit card or PayPal and understands he/she is responsible for the full payment prior to being offered access to Program
If payment is rendered with Stripe, Client agrees to have their credit card stored securely using Stripe’s payment system. Client may request to have their payment information removed at any time by emailing meg@learnplaythrive.com
If Client and Instructor have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Instructor’s sales page.
Refund Policy
If for any reason a recorded course is canceled by Instructor before Client's registration period has expired, Instructor will issue Client a full refund.
For live courses, no refunds will be issued after Client has registered. Client will be allowed to transfer registration to another learner, or to transfer to a recorded version of the Program. If a live course is canceled by the Instructor, Client will be given the option of a full refund or access to a recorded version of the course.
For recorded courses over four (4) contact hours, refunds will be offered upon request to Clients within 30 days of enrolling provided Client has viewed no more than three modules of the course.
Due to the subjective nature of the Program provided by Instructor, and Instructor’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Instructor is not able to offer refunds after 30 days or three modules. No refunds are offered for courses under 4 contact hours.
If Instructor is somehow unable to provide services as outlined on sales page during the time period of enrollment purchased, Client will be offered a full refund.
Medical Disclaimer
Client understands the program is specifically designed for occupational therapists and other professionals, and teaches clinical skills for Client to implement into his or her practice. Client understands there are no therapy elements to this Program, and Program will not diagnose, cure, treat, or prevent any medical condition or disease, nor is it intended to act as medical advice or an education on medical advice. Instructor encourages Client to consult any necessary resources or persons prior to purchasing Program, in order to determine whether Program is a good fit. Instructor entrusts each potential Client to determine on his or her own whether Program is right for him or her.
Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Instructor believes in her services and that Program is able to help many people, You acknowledge and agree that Instructoris not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
Disclaimer / No Guarantees
Client understands that results or any specific outcome from Program by Client cannot be guaranteed. While Instructor and his/her team will act in their full capacity to ensure your success and happiness in the Program, Instructor cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Instructor and Program harmless if he or she does not experience the desired results.
Client understands that all services provided by Instructor in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Instructor on a purely voluntary basis and does not hold Instructor or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Instructor delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Instructor and Client.
Client agrees to hold Instructor harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Instructor on his/her website and within the Program may or may not be useful to Client in his/her personal business or life. Client understands Instructor cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Instructor responsible for.
Continuing Education Credit
Client understands he/she is responsible for determining regulations for use of this course for continuing education credit for his/her state and/or national licensure.
Client understands and acknowledges that continuing education credit will only be awarded for completion of the program, including passing any required quizzes and completing any required case studies. Completion requirements are outlined on each course's sales page.
Data Sharing, Breach
In order to provide Client with the requested Program purchased, Instructor will process the necessary data provided by Client, including but not limited to Client’a name, email address, mailing address, and any other information completed in connection with purchasing Program. Instructor will also have the choice to share data with Instructor’s third party payment processor, Stripe, to complete payment via credit card. Client understands Instructor is not related to nor responsible for Stripe, and is encouraged to review Stripe’s privacy policy prior to completing purchase or giving Stripe any personal data. For all information about Instructor’s data sharing, including how to opt-out of data retention, please review Instructor’s Privacy Policy HERE.
Data Security Incident” or “Incident’ shall mean an accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of communication or information resources of the Instructor. A “Data Security Breach” or “Breach” is any Incident where Instructor cannot put in place controls or take action to reasonably prevent the misuse of confidential and/or personally identifiable information. A Breach is also an Incident where data has been misused.
In the event of a breach or suspected breach, the following process shall be followed: (a) suspected incidents shall be reported immediately to the CEO, with a formal report following that includes full and accurate details of the incident. Once reported, the CEO will conduct an assessment to establish the severity of the issue, next steps needed, and remedies/solutions. Data issues or breaches shall be classified as (i) critical breach, (ii) moderately critical incident, (iii) minor incident. Instructor will take commercially reasonable measures to protect Client’s data at all times. In the unlikely event any personal information is hacked, stolen, or Instructor’s data files are otherwise breached by unauthorized users, Instructor will notify all necessary internal parties to assess the extent of the breach and what, if any, data was potentially compromised in the breach. Instructor will notify Client if there is a reasonable possibility his/her data was breached, and if so, will give options for how to best proceed, as well as information on how the incident is being handled.
Data Response Plan
Assess extent of breach and potential damages - CEO is to assess extent of breach, potential damages, and any other information relevant to obtain the full timeline of events.
Contain and Recover Data: All incidents are to be immediately analyzed, with an incident report being completed by Meg Proctor.
Assess Risk and Incident Scope - all issues shall have a risk and scope analysis, completed by Meg Proctor.
Notification and Incident Communication: each issue or breach determined to be large or critical shall have communication and action plans created, documented, and implemented by the appropriate data privacy officer or CEO to manage the incident and communicate fully to all affected persons.
Post-breach Evaluation and Response: this report shall be created by the CEO or applicable data privacy officer, and will document and analyze the resolution of the issue, as well as comment how to best prevent the issue from occurring again, and overall reducing risk.
Intellectual Property
Client agrees and understands that Instructor has created numerous original, creative works in connection with the Program, and agrees that Instructor maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, and any other original work created by Instructor. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Instructor. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Instructor to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Instructor or obtained through working with Instructor, without Instructor’s express written consent. If such behavior is discovered or suspected, Instructor reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Instructor’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Instructor as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Instructor. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Instructor; post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Instructor, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Instructor as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Instructor was Client’s work, and use in his/her business as his/her own; share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Instructor and any affiliates, agents, team members or other party associated with Instructor harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Instructor be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Instructor’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Instructor, free of charge.
Dispute Resolution
Should a dispute arise between Instructor and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Instructor responsible for any specific results, or those results which have been achieved by other clients of Instructor.)
If unable to reach a resolution informally, Client and Instructor agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Asheville, NC within a reasonable amount of time. Client and Instructor agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of NC regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of NC are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Instructor, or a party authorized to sign on behalf of either party.