Terms and Conditions of Use for Legal Purposes
Last Updated: August 3, 2023
Please read the following terms and conditions governing the purchase, use, and access of our online educational content. By accessing our website, you agree to comply with these terms and conditions.
General Provisions
Balanced Private Practice in the United States is owned and operated by Equanimity Consulting INC. We take every possible measure to ensure that our website runs smoothly and is hosted securely. However, we are not liable for any harm or damages that may result from the use of this website. Therefore, using our website is at your own risk.
Agreement for Site Use, Course Access, and Product Purchase
Equanimity Consulting INC, doing business as Balanced Private Practice, owns and provides all of the programs, products and services listed on our website. By purchasing our offerings, you agree to comply with the terms and conditions of use outlined in this agreement, as well as any associated disclaimers and privacy disclosures. We reserve the right to update and modify these terms and conditions at any time.
Your Use of the Product or Course and Consent
By purchasing our offerings, you agree to comply with all terms and conditions of use. To access our offerings, you must be at least 18 years old or the age of majority in your applicable jurisdiction. If we discover that minors have accessed our offerings, we reserve the right to terminate their access.
Important Notice Regarding Intellectual Property
All designs, graphics, images, text, trademarks, and service marks are the exclusive property of Audrey Schoen or the party given proper attribution. If you wish to use our intellectual property, please provide clear and conspicuous credit to our website, along with links to the relevant pages. It is strictly prohibited to claim any of our intellectual property as your own original work, even with proper attribution. Doing so, in whole or in part, constitutes a violation of federal law and may result in legal action.
Online Courses and Programs about Intellectual Property
Access Restrictions
The content accessed on any of our domains, whether paid or free, is our sole property or licensed for our use only. This includes page layout and design, graphics, logos, videos, trademarks, and taglines, whether common law or federally registered. Reproducing any part of our website(s), program(s), product(s), service materials, or related communications is strictly prohibited.
We grant you a limited, non-transferable, non-exclusive, revocable license for non-commercial use, allowing you to access any content or materials in the offering you have paid for or opted to receive. Any infringement on this license will result in legal action, including damages and/or an injunction to remedy the situation.
Allowed Actions:
Access the offering for personal use
Download and/or print offering materials for personal use in your business
Use our trademarks and copyrighted materials with our consent and proper credit and marking
Prohibited Actions:
Re-sell or trade your access to the offering
Share the offering with anyone else who has not yet purchased it or opted-in to receive it
Reprint or republish the offering, in part or in whole
Distribute any materials contained in the offering or related materials and/or communications as your own
Reproduce any part or the whole offering for distribution as your own work
Claim ownership or use over any of our intellectual property without our prior consent
Use our offering or its related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Use our offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Permission for Content Use
To use, publish, or access any of our content, offering(s), or related materials, please request permission by emailing us at audrey@balancedprivatepractice.com.
Coaching Services Agreement
If you purchase any of our Coaching Services, you acknowledge and agree that the provision of Coaching Services by the Company is subject to the specific terms and conditions outlined in the Coaching Services Agreement, in addition to the general terms and conditions of the Company. The Coaching Services Agreement will govern all aspects of the coaching relationship, including scheduling, fees, cancellation policies, and confidentiality. Be sure to review, understand, and comply with all the terms and conditions stated in the Coaching Services Agreement.
Civil and Criminal Penalties
Theft, infringement, or violation of these terms and conditions of use is illegal and subject to prosecution to the fullest extent allowed by criminal or civil statutes in any jurisdiction allowed.
Your Materials and Contributions
By submitting a comment, photo, video, or other material(s) to any website or platform owned or maintained by us, you grant us a non-revocable, commercial license to republish your submission in whole or in part, unless you explicitly state otherwise. Please note that you have no right to privacy when accessing our offering or related materials, and we reserve the right to disclose your participation in the same.
Release of Model
In order to use any images on our platforms or in our offerings or related materials, you must be the owner of the copyright to that image. By submitting any images to us, you grant us a commercial license to use those images. This includes any images that you provide by default, such as a Facebook profile photo or any other profile image you provide when accessing our offering, or any images that you provide voluntarily upon our request.
Notice of Usage
Please be advised that we are not obliged to provide notice to you or any of the individuals photographed regarding our use or publication of any image(s) that you submit, whether voluntarily or by default.
Ensuring Security and Acknowledging Risk Assumptions
Taking Responsibility for Security
Please be advised that ensuring the confidentiality of your username and password is your responsibility. Any form of unauthorized use that violates the terms and conditions of use should be prevented through appropriate security measures.
Important Note on Confidentiality
Please be advised that unless explicitly stated otherwise, such as in a subsequent client agreement, or as required by law or fiduciary duty, you do not have a right to confidentiality.
Accepting Risk
Please note that by accessing our resources and/or related materials, whether paid or unpaid, you are accepting all risks associated with your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
Communication Policy
Please be aware that any communication made through our "contact," blog, blog comments, newsletter sign-up, or other related pages, or directly to our phones, mailing, or email addresses is not considered privileged or confidential. This communication is subject to viewing and distribution by third parties. All communications displayed on our website, servers, comments, emails, or other media are the property of the company as allowed by United States law. We do not provide credit or royalties for unsolicited user-generated content, such as blog comments or emails.
Important Disclaimers
Our website and accompanying materials are intended for educational and informational purposes only. By accessing our website and any associated communications, you agree to indemnify and hold us harmless for any loss or conduct incurred as a result of such use, including any consequences resulting from technological errors like payment processors or system failures.
While we may reference certain outcomes, results, or situations on this website, we offer no guarantees regarding the accuracy of third-party statements or the likelihood of success for you as a result of any statements herein. If you require medical, legal, or financial advice, please consult a professional. We disclaim any responsibility for any actions taken by you as a result of using this website or related materials.
We strive to provide accurate statements in a timely and effective manner, but we cannot guarantee that all materials and media contained herein are entirely accurate or up-to-date. Any information gained from using this website is used at your own risk. If you notice any errors or omissions and would like to bring them to our attention, please email us at audrey@balancedprivatepractice.com.
Earnings Disclaimer
It is important to note that results may vary based on each individual's background, disposable income levels, motivation, and other factors beyond our control. Thus, we cannot guarantee success with the purchase or access to our services or related materials. Testimonials and case studies are not indicative of typical results.
General Disclaimer
We exclude all liability for any loss or damage that may occur to you or others in connection with our offerings, including but not limited to accidents, injuries, lost profits, personal or business interruptions, misapplication of information, physical or mental harm, loss of income, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and any other loss or damage of any kind. We are not medical, legal, financial, or other professionals. If we are, we are not offering our professional services, and you agree that we are not acting in any professional capacity during the course of this offering. Our services are for educational and entertainment purposes only, and none of our offerings or related materials should be construed as medical, legal, or financial advice.
Third-Party Disclaimer
You agree that we are not responsible for any defamatory, offensive, or illegal conduct of any other participant, user, or yourself.
Social Media Community Disclaimer
Balanced Practice Community for Therapists & Counselors is a Facebook group that Balanced Private Practice owns and manages.
The content in this group is intended for educational and informational purposes only. Balanced Private Practice, admins, and moderators are not responsible for any of the information that is posted in this group. Posts made to these forums express the views and opinions of the author, who is fully responsible for the content of their posts/comments. As such, members should be careful not to break confidentiality, and should not provide responses that may be construed as legal or medical advice.
Warranties Disclaimer
We do not provide warranties for our programs, products, services, or program materials. Our offerings are provided "as is" and without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free. We do not warrant or make any representations regarding their correctness, accuracy, timeliness, reliability, or suitability for your needs.
Errors and Omissions Disclaimer
We want you to be aware that Our Offering(s) may contain information that may not be entirely accurate, timely, complete, or suitable. Please note that Our company, along with any of Our affiliates, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, cannot be held responsible for any inaccuracies, errors, or personal opinions expressed in Our Offering(s) or related materials.
Indemnification, Limitation of Liability, and Release of Claims
Indemnification
By utilizing Our Offering(s), You agree to indemnify and protect Our Company, its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees from any and all claims, damages, liabilities, costs, and expenses, including legal fees and expenses, arising from or connected to Our Offering(s).
Limitation of Liability
We will not be held liable for any information, products, or materials that You obtain through or in relation to Our Offering(s). We are not responsible for any third-party conduct, accidents, delays, harm, or other negative outcomes resulting from Your access of Our Offering(s) and related materials.
Affiliates
This website may include affiliate links to promote certain products or services. We deny any and all responsibility as a result of Your acquisition through one of these links. We will make reasonable attempts to inform You when and where We have put affiliate links in addition to this disclaimer located in these Terms and Conditions. You are solely responsible for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Termination
We hold the right to terminate Your use of Our website and any related communications at any time without notice. If necessary, We may also block Your IP address from further visits to Our site(s) if We feel You have violated these Terms and Conditions of Use.
Financial Considerations
Refunds
At our company, we value your investment and hope that you will value our investment of time and resources in your success. Due to the nature of the services and/or products provided, we do not offer refunds unless otherwise specified in writing.
Course Purchase Refunds
Since the product is downloadable and immediately accessible, refunds are only offered in limited circumstances at our discretion, or where required by US Law. We do not provide refunds for changes in your circumstances or change of mind. Therefore, we recommend that you review the course contents, contact us with any questions, and ensure that the course meets your needs before making a purchase. If you decide to request a refund, please email us at audrey@balancedprivatepractice.com. If your refund request is successful, we will refund your purchase amount using the same payment method that you used when making the purchase.
Chargebacks
We kindly request that you attempt to request a refund before initiating a chargeback with your financial institution. In the event of a chargeback attempt, you agree to forfeit any bonuses, affiliate bonuses, or other materials that were originally provided to you as part of your purchase of Our Offering. We reserve the right to present evidence of your access and these Terms and Conditions of Use to the financial institution that is investigating the dispute.
Recurring Payments
If you have signed up for a payment plan, you are authorizing us to have continued access to your financial information stored by our third-party financial processing company until your payment plan is completed, as specified in the terms of your purchase upon checkout.
Revocation of Access
You retain the right to terminate your use and access to any of Our Offering(s) at any time. To initiate the process, please send an email to audrey@balancedprivatepractice.com. However, termination will not absolve you of any outstanding payment obligations. Once your termination is confirmed, any remaining balance must be paid immediately. Failure to do so within 14 days will result in the referral of your debt to a collection agency. You will be responsible for any additional charges, fees, or costs associated with this process, including attorney's fees and court costs.
Dispute Resolution
If you and Our Company are unable to resolve a dispute or potential claim through good-faith negotiation, you must attempt Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Non-Disparagement
You agree that any derogatory or disparaging comments made against Our Company, Offering(s), or related materials will result in the immediate termination of your access to the Offering(s) and any related communications. Our Company reserves the right to pursue legal action against you for any harmful actions that materially damage our reputation.
Entire Agreement
By registering on our website or making a purchase, you are agreeing to our Privacy Policy. Therefore, these Terms and Conditions, along with the information contained herein and the Privacy Policy, constitute the entire agreement between you and Our Company regarding the use of Our Offering(s).
Governing Law; Jurisdiction; Mediation
To ensure compliance with legal requirements, these Terms, including the Privacy Policy and Disclaimers, are governed by the laws of the State of California. Any dispute related to these Terms will be subject to the jurisdiction of the California courts. As a user, you agree that any proceeding related to site use must be filed exclusively in the appropriate courts in California. You also waive any objection based on an inconvenient forum or other reasons.
To resolve any dispute, claim, or controversy related to these Terms, the parties agree to participate in mediation. Furthermore, their good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Consent
By using our website, you agree to be bound by these Terms and Conditions of Use and Privacy Policy.
All Rights Reserved
We, Equanimity Consulting INC, reserve all rights not explicitly granted in these Terms and Conditions of Use and Privacy Policy, or any express written here.
Severability
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Contact Information
If you have any questions, please don't hesitate to contact us. You can reach us by phone at +1 916-469-5591 or by email at audrey@balancedprivatepractice.com.