Terms and Conditions of Use Agreement

Welcome to our Website. Please read this Terms and Conditions of Use Agreement (the “Agreement”) carefully as it sets forth the conditions of use of the “Maiberger Institute” website (the “Website”) and is a legally binding agreement between you, personally, and any entity on whose behalf you are using the Website (collectively “You” and/or “Your”) and Integrated Mind Body Therapy Inc., dba “Maiberger Institute”,  hereinafter may be referred to as “MI” or “Us” or “We”.

If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of the Website. The Maiberger Institute reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice to You.  Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. The use of this website

The content of the pages of this Website is for Your general information and use only.  The Website may be used by, and registration through the Website, is limited to individuals who can form legally binding contracts under applicable law. You must (1) provide all equipment necessary for Your own Internet connection, including computer and/or table and/or mobile device and modem, and (2) provide for Your access to the Internet.  Subject to the terms and conditions mentioned herein, You are hereby granted a limited, non-exclusive, non-transferable, restricted license solely for the purpose of using the Website to receive services provided by or through the Website.  No other right, title or interest is granted in, and to the Website. You shall not modify the Website, except as may be authorized, nor adapt, translate, reverse engineer, decompile, disassemble, and/or otherwise attempt to discover the source code of the software, nor take any other steps to discover the confidential information and/or trade secrets contained in the Website.

2. Representations and Warranties

You represent and warrant to the Maiberger Institute that: (i) You have the full power and authority to enter into and perform your obligations under this Agreement; (ii) Your assent to and performance of Your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) all information provided by You on Your account is accurate and current and will be updated by You to remain current; (iv) this Agreement constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions; (v) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Website; (vi) You will comply with all applicable laws, rules and regulations in Your use of the Website, as well as the agreed upon terms of this Agreement; and (vii) You understand and acknowledge that Maiberger Institute may terminate this Agreement at any time in its sole and absolute discretion.

3. Disclaimer of Warranties

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. The Website is provided by the Maiberger Institute on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, We makes no representations or warranties of any kind, express or implied, that the Website or the use thereof (i) will be free from defects, inaccuracies or errors, (ii) will be uninterrupted or secure (iii) will meet Your requirements or (iv) will operate in the configuration or with the other software You use. The Maiberger Institute disclaims all warranties with regard to the Website or information provided through the Website, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

4. Intellectual Property

All content included or available through the Website, including the Website design, text, graphics, interfaces, and the selection and arrangements thereof, and all trademarks, copyrights, database rights and other intellectual property rights related to it belong to the Maiberger Institute or a third party. Any use of materials on or from the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Us is strictly prohibited.

5. Limitation of Liability

THE MAIBERGER INSTITUTE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, OR ITS USE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.  IN NO EVENT SHALL THE LIABILITY OF THE MAIBERGER INSTITUTE ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR THE SERVICES EXCEED $500.00. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Indemnification

You agree to defend, indemnify and hold Us, Our officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Website, the violation of this Agreement, or infringement by You of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Services

We reserve the right to stop providing the Website with or without notice to You. We shall not be liable to You or any third party should We exercise Our right to stop providing the Website. You acknowledge and accept that We do not and cannot guarantee continuous, uninterrupted or secure access or use of the Website and operation of the Website and may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.

8. Third-Party Sites and Information

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties and may rely on third party information to provide services through the Website. You acknowledge that the Maiberger Institute is not responsible for the availability of, or the content located on or through, any third-party site nor the accuracy of the information provided by any third party. You should contact the site administrator or webmaster for those third-party sites or administrator of any such third party as applicable if You have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Maiberger Institute is not responsible therein. You are strongly encouraged to review said privacy policies of third-parties’ sites.

9. Fees and Payments

As consideration for any purchase You make on the Website, You shall pay the Maiberger Institute all applicable fees and taxes. We (through our third-party payment processor) shall authorize Your credit card, bank account, or other approved payment facility You provided during the registration process for the full payment of the fees and any applicable taxes, and You hereby consent to the same. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep Your account current, complete, and accurate, and You must promptly contact us if Your credit card is lost or stolen, or if You become aware of a potential breach of account security (such as an unauthorized disclosure or use of Your sign-in name or password). You hereby authorize Us to obtain or determine updated or replacement expiration dates for Your credit card in the event that the credit card You provided us expires. We reserve the right to charge any renewal card issued to You to the same extent as the expired card. If payment is not received from Your credit card issuer, You hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of Your credit card may charge You a foreign transaction fee or related charges, which You will be responsible to pay. You are advised to check with Your bank and credit card issuer for details.

10. Governing Jurisdiction and Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law.  You agree that this Agreement is made and partially performed in the State of Colorado and that venue for any action at law or in equity arising out of or relating to this Agreement shall be exclusively limited to the state or federal courts located in the State of Colorado.   You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens.

11. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You shall not use or access the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You agree not to upload, post, email, transmit, or otherwise make available any content that (i) is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech, (ii) discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information, or (iii) is intended to “stalk”, threaten or otherwise harass another person.

12. Terms of use pertaining to being listed on the EMDR Therapist Directory

A listing on the Our EMDR Therapist Directory is free for any therapist that meet the eligibility requirements for listing, which is determined in Our sole and absolute discretion and subject to all applicable costs and fees.  To be eligible for Us to review the possibility of a listing in the Directory, You must have either A) completed EMDR Basic Training through the Maiberger Institute, or B) completed an EMDRIA approved EMDR Basic Training AND completed at least one EMDR Advanced Training through the Maiberger Institute.

If You are approved for a listing in the directory, which is in Our sole and absolute discretion, Your listing must contain the following information and must be visible to the public:

  • Full name and title as it appears on “Certificate of Completion”
  • Work Address (no PO Boxes)
  • Work Email Address
  • Work Phone Number
  • Profile photos (no logos) — must of self (no one else), cannot be obscured, must be 200×200 JPG (72 dpi)

Additionally, all listing content submitted to the Maiberger Institute will become the property of the Maiberger Institute, and the Maiberger Institute will have the rights to use, publish, change, modify, delete, distribute, advertise, and update the content in any way We determine appropriate.  This may include, but is not limited to, any EMDR Therapist Directory listing, as well as any related profile content.  To the fullest extent allowed by law, You waive all rights of publicity or privacy or pre-approval that You may have for any such images or content submitted to Us, and grant to Us permission to copyright, use, and publish (including by electronic means) such images and content, whether in whole or part, in any form, without restrictions and for any purpose. It is the responsibility of the listed therapist to keep their profile information accurate and current.

Being listed on this directory is not an endorsement, recommendation, referral, or sponsorship by the Maiberger Institute in any way. The Maiberger Institute does not make any claims, endorsements, or accuracies as to the qualifications, abilities, information, skills, or licensure status of any of the therapists listed in the EMDR Therapist Directory, or the accuracy of the information included in the Directory.    The Maiberger Institute is not liable for any interactions, transactions, arrangements, or relationships that result between anyone and a listed EMDR Therapist as a result of using the EMDR Therapist Directory.  All users of the Directory, whether as a therapist or a client, agree to indemnify, defend and hold Us harmless for any claims that’s arise as a result of any relationship that arises as a result from Your listing or Your use of the Directory in any way.

To cancel Your listing on the EMDR Therapist Directory, You may do so at any time in writing to [email protected]. There are no refunds for listing cancellation.  Once Your listing is cancelled, the therapist’s profile will be removed from the directory.  However, listings can be reinstated/renewed at any time by the Maiberger Institute for any reason in Our sole discretion.

13. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Us, in its sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of the Maiberger Institute. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between You and Us.

14. Privacy Policy Statement

The Maiberger Institute will take all reasonable measures to safeguard Your privacy while visiting the Website. You agree that by accepting this Agreement, You are consenting to the use and disclosure of Your personally identifiable information and other practices described in Our Privacy Policy. Please consult our Privacy Policy for details HERE.

15. Effective Date

The Terms and Conditions posted on this Website was updated on or about May 24, 2018.


 

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