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TERMS OF PURCHASE

THE EMDR CIRCLE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“ ”) agree to be provided with products, programs, or services as part of the The EMDR Circle Membership Site (“Membership”) operated by Trauma Specialists Training Institute, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

1. TERMS OF MEMBERSHIP.
   • Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on www.emdrpracticecoach.com/emdrcircle (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
     1. Training Videos
     2. Scripts for Protocols
     3. Tips and Tricks from Consultants
     4. Worksheets
     5. Basic Training Slides
     6. Recommendations for books and other resources
     7. Access to the private EMDR Circle Facebook Group (Your access to the portal and our Facebook group will be revoked as of your date of cancelation.)
     8. Consultation Plus Level – (1) free group consultation call per month (must be used during the month or else will be forfeited), 10% off individual consultations
   • The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
   • The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
   • The Company may from time to time offer extra Services to Client for an additional fee.
   • The content included in the Membership Site is for your individual, non-commercial use. Client agrees not to share login details and/or materials with any third parties.
   • Client will have access to the Membership Site while they are paying monthly for the membership site.
   • At any point should Company be terminating the Membership Site, Client will be given at least sixty (60) days notice.
   • Client has the option to cancel membership at any time in writing via email to the Company and cancellation will take effect the following billing cycle.  
2. PAYMENT AND REFUND POLICY.
   • Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.
   • No refunds will be given. However you are welcome to cancel your membership at any time. Access to the EMDR Circle will terminate at the next billing cycle after notification of cancellation. If you have any questions or problems, please reach out to [email protected].
   • With initial payment, Client commits to a one (1) month term to the Membership, at the end of the initial term or at anytime thereafter, Client will be billed on a monthly basis, at which time the payment will be automatically debited via the account information included upon purchase, at the following rate depending on membership level:
     1. Basic Consultation - $37/month (USD)
     2. Consultation Plus - $57/month (USD)
     3. Certification Level - $247/month (USD)
   • Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
   • In the event Client fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.

3. By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership.  By participating in this Membership, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on modules, content, guest speakers, videos, services, or products.  Use of Membership is at Client’s own risk.  Any use of videos requiring physical activity are done at Client’s discretion and the Company will not be held liable for any injury that could result from utilizing videos.
   
   Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.
   
   The Company may provide the Client with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.  The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Client when this is the case. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client. 
4. CONSENT FOR MEMBERSHIP GROUP. This consent is to allow for video recording of a consultation group, a demonstration group, or a practice group to be used for the purpose of training other therapists in EMDR Therapy.  By agreeing to participate, Client acknowledges:
   
   These group consultation sessions are being recorded with the permission of all participants, and the participants can withdraw consent in writing at any time.
   
   No identifying information will be shared with this video (i.e. full name, address, contact info), however, trainees will see the face of the volunteer, which is information that cannot be protected for this training purpose.  Still, every effort will be made to be sure no additional information is revealed with the exception of first name and facial likeness.  If Client would like to limit exposure of Client’s name, please edit that in the video platform.
   
   Client hereby authorizes the TSTI to use, reuse, and to grant others the right to use and reuse, their name, photograph, likeness, voice, and any reproduction or simulation thereof, in any media now known or hereafter developed (including but not limited to film, video and digital or other electronic media) for the purposes of creating training material for incoming therapists.
   
   If Client chooses to volunteer for a demonstration session, they do so with the understanding that this session will be recorded may be used in both live and online training formats  by Trauma Specialists Training Institute, LLC and its programs.
   
   All client related content presented in consultation groups should be done with HIPAA laws in mind.  Every effort should be used to maintain confidentiality of clients and cases should be presented without names and without any potentially identifying information.  It is Client’s responsibility to protect the identity of their client.  TSTI will not be responsible for any breaches of confidentiality and Client agrees to hold TSTI harmless for any PHI shared.
   
   Client shall also indemnify and hold TSTI harmless from any liabilities, costs, expenses, damages or claims, including reasonable attorney's fees that TSTI sustains in any manner whatsoever, arising out of their misconduct or negligence.
   
   By signing up for the membership site, Client consents to the recording and posting of all consultation groups for educational training of other clinicians.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
   
   Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
6. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
7. LIMITATION OF LIABILITY. By using the Company’s Services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at user’s own risk.
8. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the . The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Frederick, MD  or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
10. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected].
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.