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The Academy for Couples Therapists 
Dr. Sara Schwarzbaum, Ed.D., LCPC, LMFT

Revision Date:  November 1, 2020

Terms of Service

Please read carefully these Terms of Service (these “Terms”) before applying to join the Academy for Couples Therapists (the “Academy”), accessing the functionality or otherwise using this website, https://theacademyforcouplestherapists.com/ (together with its sub-pages, the "Site"), and any other use of our services, materials and Academy benefits. Your access to the Site, the Academy, and use of our services and materials are conditioned on acceptance of and compliance with these Terms. You acknowledge having read the following Terms, which are integral parts of our program, and agree to be bound by them: 

 

 

  • Subscription information (including payment information and procedures and our Cancellation and Refund policies)
  • Terms of Service (this document)
  • Privacy Policy

Each of these documents contain important provisions, including legal protections and limitations, concerning your rights and obligations. Click on the links on our home page to review them and to keep up to date with any changes.

 

The Academy

The Academy for Couples Therapists is the registered dba of Dr. Sara Schwarzbaum for the online therapist education and training services and materials provided by her, her staff and, from time to time, guest participants. The Academy is a professional subscription program for qualified mental health counselors and therapists. We offer online training, courses, interactive features and other resources and content dedicated to improving the practice of counselors and therapists who work with couples.

The principal services provided by the Academy are recorded sessions of real life couples therapy or counseling services, lessons on practice topics, video conferences hosted by Zoom or similar services, live office-hour question sessions, individual communications with other subscribers and Dr, Schwarzbaum, and a resource library of materials with practical application for couples therapists.

From time to time guest lecturers or other participants will be featured in our sessions and, with permission, may include materials from guest contributors.  The Academy does not control the content of their information or investigate its accuracy.  Their opinions and advice are independent of the Academy and solely the responsibility of the participants.

CONTACT INFORMATION: Email: Support @theacademyfor couplestherapists.com

All communications from the Academy will be by email or via the Site. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy legal requirements that such communications be in writing.

Site Usage

The Site is our online home destination for the Academy. It may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the Academy or its participants.  The Academy has no obligation to monitor communications by or between the participants. It reserves the right in its sole discretion to review materials posted and to remove any materials it deems not relevant or suitable.

Potential subscribers may visit our Site anonymously to learn about the Academy. We collect personal information from all Site visitors only if and to the extent they voluntarily submit such information to us. Please review our Privacy Policy. The Site is not available to persons under the age of 18, and they are not eligible to join the Academy.

Applying for Membership

The application process for becoming a subscriber is by providing the registration information requested and reviewing our Subscription Information, Terms of Service, and Privacy Policy.  You will need to provide your name, email address, username and password, and other identifying and payment information.  If you qualify for the Academy this information also will enable listening and/or viewing the live or recorded webstreams, will be required for downloading information and for participating in the sessions and sharing information with the Academy community.  You vouch that your registration information will be accurate, correct, and up to date, and solely for your professional benefit. 

Subscription Requirements

Generally, any professional who provides mental health therapy or counseling who works with or is planning to work with couples and is over the age of 18 can apply if they are located in a jurisdiction where we have set up payment arrangements and our privacy policy applies.  Students or interns in a masters program in mental health disciplines are also eligible. Subscriber selection and the provision of all our services and materials are subject to acceptance by us and may be declined in our discretion. We may modify the Academy requirements and our Terms and Privacy Policy prospectively and agree to post material updates on our Site when they become effective.

Your participation may not be used for any illegal or unauthorized purpose or violation of law.  Participation and Academy benefits cannot be used by anyone other than our registered subscribers.

Fees and Charges

The fees and charges for joining the Academy are set forth in detail in our Subscription Information document, including cancelation and refund policy.

If you are on our monthly recurring payment schedule, you may access the benefits of the Academy while your account is current and your participation is in good standing. Failure to make your monthly payment will suspend your participation and result in access to our services being stopped.  You may cancel your participation at any time, at least 15 days before the due date of your next recurring payment, in writing to support @theacademyfor couplestherapists.com .  For subscribers who pay annually, you will receive 365 days access. Annual payers may cancel the annual automatic renewal at any time and your access to the Site will end at the end of the current paid-up term.  Please consult our Subscription Information document for updates or changes to these requirements, which will control in the event of conflict with this section.

Payment Processing

In order to process Academy payments, you will be asked to supply certain information relevant to your participation such as your credit or debit card number, ccv and expiration date, and your billing address. You represent and warrant that you have the legal right to use the card you furnish (or other payment method we approve) in connection with Academy payment, and that the information you supply to us is true, correct and complete. We may use third party services for the purpose of facilitating payment. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order in the event of service unavailability or if an unauthorized transaction is suspected.

Confidentiality

Certain information on our Site and disclosed or accessible in the course of our services require participants to observe express restrictions on use and disclosure. Importantly, we have taken all reasonable steps to obtain permission and anonymize the identity of persons who consented to make their counseling, therapy or supervision sessions available in our programs. Subscribers are prohibited from recording these sessions or disclosing any personally identifiable information that inadvertently may be disclosed.

When you select a user name, password or any other security procedure to access our services and materials, you agree to treat such information as confidential and not disclose it to any other person or entity. You will notify us immediately of any unauthorized access to or use of your user name or password and in the event of any other breach of security in the course of your participation. You should utilize adequate security protections when accessing your account from a public or shared computer so that others are not able to obtain your sign-in information or view or record our programs and other services and materials.

The Academy respects the privacy of its participants and will not disclose any information you provide except in the course of the Academy programs for which it is intended. As a condition of your participation in the Academy, you agree to respect the privacy of other participants and the Academy’s confidential information, such as materials labeled confidential and any proprietary software, methods, processes, forms or templates. You agree to not share information provided by other participants outside of the program for which it is intended unless you receive express written permission from such other participant.
If you participate actively in a recorded Academy session, you consent to the Academy making the session available in our resources library.

Third Party Links and Other Resources

The Site and our services and materials may contain links to third party websites and other resources. Such links are for your information and convenience without any recommendation or affiliation by the Academy. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. You acknowledge sole responsibility for and assume any risk arising from your use of any such websites or resources. We recommend that you review the terms of use and privacy policies of any third party website you visit.

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Disclaimers

All the Academy’s services and materials are offered solely for educational and training purposes. As a professional in the field, you agree to take personal responsibility for use of your training and exercise of the practice information that we provide. It is your responsibility to use judgment and conduct due diligence before taking any actions or implementing any counseling or therapy plans or actions suggested or recommended by the Academy.

While we take reasonable measures to assure that the information provided in the course of the Academy and offered in our services and materials, and this Site are accurate, we cannot guarantee its accuracy or completeness. Neither the Academy nor any of its owners or staff shall be held liable or responsible for errors or omissions in the course of our services, in the materials provided or this Website.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR SITE OR ITS CONTENT, OR OUR SERVICES AND MATERIALS.  ALL OF OUR SERVICES AND MATERIALS AND ACADEMY BENEFITS, AS WELL AS SUBMISSIONS AND CONTENT SHARED BY PARTICIPANTS ARE PROVIDED ON AN  “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE ACADEMY AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO OUR SITES, THEIR CONTENT, AND ANY SERVICES, MATERIALS AND ACADEMY BENEFITS.  THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, ALL REPRESENTATIONS AND WARRANTIES (a) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) RELATING TO THE SECURITY OF OUR SITES; (c) THAT THE CONTENT OR OTHER INFORMATION ON OUR SITES, OR TO ANY SITES WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (d) THAT OUR SITES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT OUR SITES, THEIR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.

Intellectual Property and Liability Provisions

OUR CONTENT

OUR CONTENT
All content hosted on the Site or made available in the course of our services or provision of materials is copyrighted under the law as a collective work or compilation of the Academy. The Academy holds and owns the copyright in each of our works, and all other proprietary and intellectual property rights and title to the the individual and collective works, including the pages, graphics, design, text, sound recordings, images, materials, and content of our services, some of which may be trademarked. You agree not to reproduce, record, broadcast, transmit, alter, distribute, transfer, translate, publish, perform, license, or create derivative works of our services or materials, including any live or recorded sessions, lectures, courses, events or other content, without the Academy's express written consent.

Our services may contain information about mental and other health and wellness issues. Such information does not represent a medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from an individual’s healthcare professionals. Any health information you post on a discussion board or forum may be viewed by other users of our services.

SUBSCRIBER SUBMISSIONS AND CONTENT

You retain all rights, responsibility, and ownership to your submissions and content shared in the course of your participation in the Academy. You may only submit or post content that you created or have permission to use and that is not prohibited by law, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, or generally offensive to the Academy. The Academy is not responsible for any participant content posted on our services, nor does it control the content made available by users. The Academy makes no representation or warranty concerning efforts to review or monitor participant content that potentially may be inaccurate, misleading or otherwise objectionable. While the Academy does not pre-approve or pre-screen participant content, we may disable, remove, or delete any participant content. The Academy is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any participant content.

By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available any messages, text, files, images, video, photos, sounds, or other materials on or through our services, you grant the Academy an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the content on our services. The Academy does not need any further approval for its uses of your participant content.

LIMITATION OF LIABILITY AND DAMAGES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, AND ON BEHALF OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITES OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY OF OUR SERVICES, MATERIALS OR ACADEMY ACTIVITIES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY, AND FOR YOUR THERAPY OR COUNSELING PRACTICE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT OF SUBSCRIPTION PAYMENTS YOU MADE TO US IN THE 12 MONTHS PRECEDING THE DATE OF ASSERTION OF YOUR CLAIM.

These provisions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE ACADEMY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM AND AGAINST ANY AND ALL: (a) LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS OR REQUIREMENTS OF YOUR USE OF THIS SITE AND PARTICIPATION IN THE ACADEMY; AND (b) CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF OUR SERVICES OR MATERIALS IN BREACH OF THESE TERMS OR YOUR USE OF THIS SITE OR PARTICIPATION IN THE ACADEMY BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, LINK, USE OF SESSION, LESSON, COURSE, CONTENT OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW. You agree to provide us with such assistance, without charge, as we may request in connection with any our defense under this indemnification and hold harmless, including providing us with information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Copyright Infringement Notification

Pursuant to the Digital Millennium Copyright Act (“DMCA”), the Academy’s designated agent (“Copyright Agent”) receives notices of claimed copyright infringement.  If you, or an agent authorized to act on your behalf, believe in good faith that your work is on our materials or displayed in the course of our services in a way that constitutes copyright infringement, please provide written notice to the academy's Copyright Agent by email to support@theacademyforcouplestherapists.com  or by mail to the Academy with the following information:

  1. A physical or electronic signature of a person authorized to act on the copyright owner's behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of where the copyrighted work is located on our services, including if possible a URL;
  4. Your address, telephone number, and email address;
  5. A statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

In accordance with the DMCA, the Academy may delete, remove, or disable any infringing work, and may forward to the alleged infringer your written notice and a notice that the work has been deleted, removed, or disabled. The Academy reserves the right to terminate members who post infringing work.

General Provisions

NOTICES TO THE ACADEMY:  All notices that you provide or are required to send to the Academy, its owners or staff concerning the Academy must be sent by email to support@theacademyforcouplestherapists.com (or successor email that we establish).

ENTIRE AGREEMENT: These Terms together with its referenced documents constitute the entire agreement between you and the Academy pertaining to your participation in the Academy, the Academy’s services and materials and the Site, and supersede all prior and contemporaneous agreements, representations, and understandings between us concerning the Academy.

WAIVER: No waiver of any of the provisions of these Terms by the Academy shall be deemed, or constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the Academy.

SEVERABILITY: If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT:  Your participation in the Academy is personal to you, and you may not assign or subcontract your Academy rights or obligations.

CONNECTIVITY: You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of our online services and you will be responsible for all charges related to them.

GOVERNING LAW: Except for trademark and copyright matters governed by the federal laws of the United States, these Terms shall be governed by and construed in accordance with the substantive laws of the State of Illinois, without application of its principles of conflicts of law.

ARBITRATION: To the extent that you assert a claim against the Academy or its owners or staff, you expressly agree to present such claim only through binding arbitration to occur in Cook County, Illinois, administered by the American Arbitration Association (or its successor) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts. You shall be responsible for all costs associated with initiating the arbitration and its administration. All claims must be brought within two years from the date the claim first arose.

CHANGES:  The Academy may update or make revisions to the Site or these Terms upon notice as provided in “Contact Information” above.

TERMINATION OR SUSPENSION:  The Academy may terminate, suspend, repurpose or migrate this Site or the Academy upon notice to subscribers, at its discretion, with full refund of any unused  Academy funds not applied to Academy activities.

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