ONLINE EDUCATIONAL PROGRAMS
Disclaimer and Intellectual Property Agreement
This agreement outlines the policies, procedures and terms of agreement for RH online educational programs. Please read it over carefully and feel free to ask any questions.
Parties: This Agreement is between you and Health Psychology Associates, LLC d/b/a REALize Health (RH) which conducts educational programs via online courses and support group sessions. As a condition of participating in the online educational programs and/or the support group sessions, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference, all as may be amended from time to time in a writing provided to You or disclosed on our website.
Terms of relationship: The online educational programs of the RH are not providing individual or group therapy. The RH does not provide a one-to-one assessment of what’s holding you back nor provide individualized focus or intervention as needed during the therapist-client relationship. We do not make a diagnosis, formulate a treatment plan or hold individual sessions, with an individual treatment or coaching plan that is tweaked over the course of time. You make your own selection of courses that make sense for your own objectives. If you tell us that you feel the need for more intensive, direct support in addressing any barriers you are facing, we will assist you in accessing appropriate resources and may make recommendations to you for a therapeutic relationship. The information provided in or through the RH programs is not a substitute for professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our program. Do not disregard medical advice or delay seeking medical advice or make any changes to your medications because of information you have read here or learned as part of this program. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Payment and fees. The RH programs are not covered by health insurance. Payment for the RH programs is accepted through the Kajabi platform. If you are not satisfied with the RH educational programs, we offer a full money-back guarantee within 30 days of your purchase. To receive a refund, send an email to [email protected] and you will be refunded within 30 days.
Between session contact: You may email us with questions or information about RH, scheduling, technology problems, or referral for other services, at any time at [email protected] We may take up to 48 hours or more to respond to emails, however, we do our best to provide prompt responses. Email is not a secure form of communication. EMAIL COMMUNICATIONS SHOULD NOT BE USED FOR EMERGENCIES. If you experience an emergency, please call 911 or go to the nearest emergency room.
Intellectual property: All of our intellectual property, including all written materials, trademarks, and trade secrets, slogans, designs, texts, graphics, images, processes, techniques and procedures, is our sole property (the “Materials”). All Materials we provide to you, whether registered or not, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the RH content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the REALize Health curriculum or Materials, If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all such Changes prepared by you . You agree to promptly sign and deliver any documents and take any actions that we reasonably requests to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in this Agreement, you appoint us as your true and lawful attorney-in-fact with full power of substitution. Your participation in the RH programs does not result in a transfer of any intellectual property rights to you. You understand that nothing in this Agreement gives you a license to share, copy, distribute, trade, re-sell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign this Agreement without our written consent.
The REALize Health content is not for resale. Your participation in REALize Health does not entitle you to make any unauthorized use of any REALize Health content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of REALize Health. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
Disclaimers: We believe REALize Health helps you achieve your goals, but you are solely responsible for your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, your participation and commitment to the RH content and programs are up to you. We make no representations regarding performance other than those specifically written in this Agreement. Because of the nature of the Services, the results experienced by clients vary significantly. You accept responsibility for your own experience. We are not responsible for any decisions you make as a result of the Services, or for any consequences of those decisions. Furthermore, you understand that the RH programs are not therapy and the RH program developers are not entering a therapist-patient or coaching relationship with you at any time. We do not assess, diagnose or treat your conditions. You agree that REALize Health has not made any guarantees about the results of you taking any action. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of REALize Health or otherwise - is no guarantee that you will obtain similar results. Testimonials reflect individual experiences and should not be used as examples of typical experiences or outcomes. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the group sessions. You agree to use good judgment and to conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the RH programs.
Limitation of liability: To the maximum extent allowed by applicable law, you release REALize Health, our owners, employees, associates, representatives, independent contractors and related entities, from any and all risks, foreseeable or unforeseeable, arising out of any transaction between us. We are not liable for any damages of any kind resulting or arising from your use or misuse of the support groups or for any indirect, consequential or special damages in any form. We disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. Without limiting the foregoing, if we are found to be liable for any damages whatsoever, our liability to you or any third party is limited to the total fees you paid us in the twelve-month period prior to the action or event giving rise to liability.
Indemnification: You agree to indemnify and hold harmless REALize Health and our owners, directors, employees, independent contractors, agents, assistants, attorneys and other representatives, as well as any predecessors, successors and affiliates (collectively hereinafter, “us” or “we”) from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of this Agreement, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You agree to cooperate with us and provide reasonable assistance in defending any such claim.
Mediation, arbitration, applicable law & severability: While we do not predict any disputes or difficulties to arise, we will attempt to resolve any dispute that does occur in connection with this Agreement on an amicable basis, through our prompt, good faith discussions and non-binding mediation. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in Maryland or Washington, DC, before a sole arbitrator who will award attorneys’ fees and other costs to the substantially prevailing party. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration. If any part of this Agreement is invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from this Agreement and the validity of the remaining provisions will not be affected.
Term: This Agreement shall govern your participation in any of REALize Health programs or services, including any group sessions, unless and until the parties enter into a new agreement.
Entire Agreement; No Waiver; Conclusion: This Agreement has all of the terms of our relationship. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by a written agreement signed by you and REALize Health. The waiver by either party of a breach or violation of any provision of this Agreement does not constitute a waiver of any subsequent or other breach or violation. The provisions of the following Sections will survive termination or expiration of this Agreement for any reason: Confidentiality, Payment and fees, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Mediation, arbitration, applicable law & severability and Conclusion.
By enrolling in and downloading or accessing the materials in the RH programs, you agree that you have had all of your questions answered to your satisfaction, and that you understand and are agreeing to the terms of this agreement. To your health!
If you have any questions, concerns or complaints about this Disclaimer and Intellectual Property Agreement, please contact us: