Modification Date: 12/9/21
Effective Date: 12/9/21
RELEASE FROM LIABILITY
NOTE: WHEN YOU TAKE A COURSE FROM US, YOU WILL CHECK A BOX THAT INDICATES YOU HAVE READ IT, UNDERSTAND IT, AND AGREE WITH ALL ITS TERMS. Checking that box will be the equivalent of your legal signature.
1) I am participating in a class, course, seminar, training, workshop, or retreat (“Training”) provided by Melissa Carris, Ph.D. or another instructor affiliated with Carris Psychological Services, P.C., (“Company”), which also owns the website drmelissacarris.com (“Website”), of my own choice and agree to all the terms and conditions of this Release in consideration of their willingness to allow me to participate in the Training.
2) I understand and agree that the Company may photograph or record the Training. I authorize Company to photograph and record me at the Training. I understand that while Company attempts to record courses without showing participants, there are times that may not be possible. I allow the Company to use, publish, and license to others those photographs and recordings for any purpose in connection with the Company’s business without any compensation to me.
3) I understand and agree that all of the Training content is the Company’s exclusive property. All instruction, commentary, videos, materials, questions, answers, comments, and other content (“Training Materials”) contained in, or related to, the Training, whether provided by instructors, faculty, staff, or participants is and will remain the Company’s exclusive property. The Company will retain the exclusive right to the copyrights, content, trademarks, trade secrets, proprietary information, and common law rights in the Training Materials. I will not duplicate, reproduce, distribute, publish, or display any of the Training Materials without the express written consent from Melissa Carris, Ph.D.
4) I understand and agree that the Company does not warrant, guarantee, or make any representations about the Training I receive. To the fullest extent allowed by law, the Company disclaims all warranties with respect to the Training, either express, implied, or statutory, including but not limited to the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, and of accuracy.
5) I understand that all Training, including Empowered Relief™:
• should not replace a medical evaluation
• is educational and informational and does not represent medical treatment
• is an educational class and attendance does NOT establish a therapist-patient/client (or treating) relationship with the instructor
• may be interactive and include participant Q&A
I understand that education and Training in aspects of wellness involves cognitive/mental, emotional, and physical challenges, and that some element of risk is always present. By seeking this education and training, I knowingly assume this risk. To minimize the risk to myself, I agree to always follow the rules and directions of my instructor(s) and to immediately notify them in writing of any injury.
I represent that I do not have any cognitive/mental, emotional, trauma, substance abuse, or physical symptoms or conditions which are dysregulating or intrusive to my daily life, to the point where they might affect my ability to participate in – and tolerate – wellness-oriented education and Training. If I am unsure, I agree that I will email [email protected] to discuss it with the instructor AND consult with my physician, therapist, and/or other medical or mental health provider for help making this decision. Any information shared with Company will be kept confidential and will not be disclosed except in any legal claim or action.
If I am currently being treated by a physician or other health care professional, I agree that I will follow all instructions and restrictions given by him/her for the duration of this program, OVER any suggestions that are made by Dr. Carris or other instructor or staff (e.g., if the instructions or restrictions conflict). Again, I understand that my relationship with any instructor or staff at Company does NOT constitute a doctor/provider/patient relationship.
6) In the event of my inappropriate or disruptive behavior, the Company and its authorized agent or representative may, in their sole discretion, request that I leave the Training and the Training premises. I release any and all claims against the Company related to any discontinuation of my participation or involvement in the Training, and I understand that in that event I will not be entitled to a refund.
7) I will not make, cause to be made, or encourage any third party to make any disparaging or negative statement about the Company, Trainings, facilitators, or trainers, nor any statement which might damage the Company’s reputation, brand, facilitators, trainers, or contractors.
8) In consideration of their willingness to provide education and Training to me in wellness and related areas, I forever release Company and all others working with Company (including its owners, shareholders, directors, officers, agents, affiliates, employees, contractors, and vendors and other training students, all of whom shall be considered “Released Parties”) from any liability on any claims of any kind whatsoever in any way arising out of such education and training, my use of any facility used by Company, or my use of the information I learn. This release is intended to be the broadest possible release allowed by law. It includes, but is not limited to, strict liability claims, contract claims (express or implied), warranty claims, and tort claims (including negligence claims) whether based on common law or any statute or regulation. It also includes, but is not limited to, any and all claims for injuries or damages sustained by me during or in connection with education and training and which are alleged to have been sustained, in whole or in part, as a result of the negligence of one or more persons protected by this release.
9) I will defend and indemnify the Released Parties from any and all third-party claims, demands, losses, damages, and expenses related to or allegedly arising from my action, inaction, negligence, participation in training, or use of the Training Materials.
10) I agree never to file suit against Carris Psychological Services, P.C. or any other person protected by this release, but if I do, or if Carris Psychological Services, P.C. files suit against me for any reason, the exclusive venue will be in Mesa County, Colorado, and in any such action if lose, the Court must order me to pay the prevailing party’s attorney’s fees and costs. In any such action, I waive trial by jury. Notwithstanding my promise never to file suit, if I decide to breach that promise and file suit, I agree that I must first notify Carris Psychological Services, P.C., in writing of my claim or dispute in sufficient detail to allow for intelligent evaluation of it. If the parties are unable to resolve the claim or dispute within fourteen days after such provide notice, I agree to participate in non-binding mediation prior to filing any such action, with each party to pay one-half the mediation costs. The mediation will take place in Grand Junction, Colorado, and the mediator will be Sara Hermundstad. If she cannot serve, the mediator shall be the Hon. Terry Ruckriegle. If he cannot serve, Mark Cohen, J.D., L.L.M., shall appoint the mediator, and his decision shall be final. I release Mr. Cohen from any liability for appointing a mediator. Failure to comply with these requirements is a complete bar to any lawsuit.
11) This Release shall be binding on all my heirs, agents, assignees, and on any other person(s) who might otherwise be entitled to file suit in my behalf.
12) This Release constitutes the entire agreement of the parties with regard to the issues it addresses. There are no terms other than those set forth in this release. This release may not be modified, except in a writing signed by undersigned training participant and Melissa Carris, Ph.D.
Clicking the box indicates that I have thoroughly read this document and agree to everything listed above. It also indicates agreement that I will email [email protected] prior to taking any course if I have any questions or concerns. I agree that checking the box is the equivalent of my legal signature.
2. Our Services. This website is for informational and educational purposes only. This site does not provide mental or physical health diagnoses, advice, or treatment. Your use of this site does not create a psychologist-patient, provider-patient or similar relationship between you and Company. Your use of this site indicates that you:
– understand that Company will never advise you to discontinue any medical or mental health care
– will not value or utilize “Company” information and education above that provided by your personal medical and mental health care providers
– understand that any decisions you make regarding your medical and mental health care are your responsibility alone and that Company is not responsible for any decisions you make
– understand that you may experience discomfort while engaging in the use of this site, either independently or through informational or educational courses; that, if you do, you are encouraged to seek the assistance of a licensed medical or mental health provider
4. User Content. This site may contain a multitude of interactive features that allow you to post, publish, display or transmit (herein referred to as “Posting”) content to our Company and other users. By doing so, you grant Company and its affiliates, officers, employees, contractors, agents and representatives, without limitation, a right to copy, use, display, transmit, distribute, reproduce, edit, and translate said content. You agree that Company can use your name, image, likeness, voice, and any content you provided on our site, and in photos, slides, videos, media coverage, or any other form for the purpose of promotion, advertising, and marketing for our Company and its services. You agree to waive all claims against Company for such use. You also warrant that you own the rights to the user content you provide and are authorized to post, display, transmit, and distribute said content. You understand and agree that you will not be compensated for the user content you provide to the Company.
5a. Prices. All prices posted on our site are subject to change without notice. Increases in prices will take effect immediately and will apply to any orders not completed through the site. Posted prices do NOT include taxes, shipping, handling, or special assessments. All additional charges will be added to your purchase total prior to completion of your order.
– Company has no further liability to any party with respect to payment for these products or services
– that Company has provided a complete product and/or service and that you are owed nothing further
– you release Company from any and all liability with respect to your payment
– you will not share your student account information, password, or course information with others, or you risk your account being closed and no money refunded
5c. Returns and Refunds. Although we prefer you wait to buy our course(s) until you are sure you are ready, we understand things change. You may cancel your order, unless it is listed as “non-refundable” on the site, at any time within seven (7) days after placing your order UP TO the time the class starts by contacting Company at [email protected]. You will receive a refund of the price you paid LESS the original shipping and handling costs, and any cancellation service fees listed on the website for that specific purchase. You are also responsible for any shipping and handling charges on items that need to be mailed back to Company. You bear the risk of loss for shipments returned to Company. Your refund will be credited to the same method of payment you used when initially purchasing products or services.
5d. Chargebacks, Payment Default, and Fraudulent, Erroneous, or Duplicate Transactions. If any chargeback, payment default, or fraudulent, erroneous, or duplicate transactions occur with respect to your purchase, you agree to reimburse Company and pay any additional associated fees. You agree to allow Company to charge the costs to the bank account, credit card, or PayPal account associated with the original purchase. You also agree that Company can use any legal means to recoup charges and fees, including collection agencies. Failure to pay purchase price and accumulated fees from these causes will result in termination of your account. You acknowledge Company’s right to investigate any transactions for fraud and agree to assist Company in investigating possible fraud.
6. Intellectual Property / Copyright of Site Content / Trademarks. All site content, including but not limited to text, videos, images, photographs, audio, graphics, layouts, and designs, is the property of Company and is protected by United States and international copyright and trademarks laws, intellectual property laws, and other common law protections. No portion of this site may be reproduced, copied, sold, or otherwise used without the express written consent of Melissa Carris, Ph.D. You agree that you will not reproduce, distribute, modify or take derivatives of, download, republish, sell, store or transmit any content or material from this Website in any manner or medium without permission, except for your own personal, non-commercial use and provided that any embedded copyright notices are NOT removed from images. The logo, as it appears on this Website, marketing materials, advertisements, or emails, is a trademark of the Company. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your username or other account information. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
7. Allegations of Infringement. If you believe any site content infringes on your intellectual property rights, you must give immediate written notice to Company by sending an email to [email protected]. The notice must describe with specificity the content that you believe is infringing and the nature of the rights you claim in the content. Failure to comply with this requirement is a bar to any legal action.
9. Emails / Confidentiality / Ownership of Feedback. Our Company will treat emails sent by potential customers to our Company via this website as confidential to the extent required by law whether or not the sender ultimately becomes a student. Although the Company’s email addresses are HIPAA compliant, it is important to note that no method of communication is 100% safe; please take the necessary precautions with the information you are providing. Dr. Carris’ private practice patients agree not use this site to transmit protected health information. Any feedback or suggestions, written or oral, directed to Company concerning the site itself become the property of Company.
10. Age. The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
12. Disclaimer. Our Company strives to make certain that the information available at this site is up to date but assumes no liability or responsibility for any errors or omissions in the content of this site. Company specifically disclaims any duty to update the information on this site.
13. No Warranties Regarding this Site. Our Company provides and maintains this site on an AS AVAILABLE basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of this site.
14. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. COMPANY IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD-PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF THE COMPANY IS TO LIMIT ITS POTENTIAL LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
16. Limitation on liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES COMPANY PROVIDES TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
17. Venue for Legal Action / Waiver of Jury / Attorney’s Fees. In any legal action in any way arising out of your use of this site, services, or any subsequent relationship with Company or any other contractors providing content or Training for this Website or in-person, the exclusive venue shall be in the County or District Court of Mesa County, Colorado or, if federal jurisdiction is mandatory, in the U.S. District Court for the District of Colorado in Denver, and you irrevocably submit the jurisdiction of such courts. You waive trial by jury in any action arising out of your use of this site and any psychologist-patient relationship you have, or may enter into, with Dr. Carris or anyone connected to Company. In any such action, the court shall order the losing party to pay the prevailing party’s attorney’s fees, expenses, and court costs.
18. Disputes. If you have a dispute with Company arising out of your use of this site or any services provided, you must notify Company in writing of the dispute in sufficient detail to allow them to intelligently evaluate it. If we are unable to resolve the dispute within fourteen days after you provide notice, you agree to participate in non-binding mediation, with each party to pay one-half the mediation costs. The mediation will take place in Grand Junction, Colorado, and the mediator will be Sara Hermundstad. If she cannot serve, the mediator shall be the Hon. Terry Ruckriegle. If he cannot serve, Mark Cohen, J.D., L.L.M., shall appoint the mediator, and his decision shall be final. Both parties release Mr. Cohen from any liability for appointing a mediator. Neither party may sue the other for damages until they have participated in mediation.
19. Transaction of Business. You agree that the maintenance of this site by Company does not constitute the transaction of business in any state other than Colorado. You understand that Carris Psychological Services, P.C. is a Colorado business and that we do not practice in any other state.
23. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants, and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of Company.
All contents of this Website are the Copyright © of Carris Psychological Services, P.C. and Melissa Carris, Ph.D.