Membership Terms & Conditions
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Constant Love and Learning LLC (“Company”, “we”, or “us”).
The Company agrees to provide You with access to the Membership entitled, "Whole-HeartED Well-being Library: Whole School On-Demand Access" ("Program"). As a condition of participating in the Program, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Program, You agree to pay the following fees.
You may choose between monthly payments of $99 or annual payments of $999, with the first payment due immediately. If You opt for monthly payments, You shall be automatically charged $99 every month thereafter until You cancel Your subscription to the Program according to the Program’s Cancellation Policy set forth below. If You opt for annual payments, You shall be automatically charged $999 every year thereafter until You cancel Your subscription to the Program according to the Program’s Cancellation Policy set forth below.
Renewal Payment Authorization
You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms set forth in the Fees section above.
The Program is offered on an ongoing basis with an auto-renewing subscription. You may cancel subscriptions at any time by following the instructions inside the membership portal or emailing [email protected]. You will retain access to the elements of the Program, which are set forth below, until the end of the existing subscription period. Upon the completion of the existing subscription period, You will lose access to all aspects of the Program unless otherwise noted below. You shall not be charged after a cancellation.
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.
To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the material in the Program will forfeit any rights You might have under that cooling-off period.
The Program is intended for individuals who are in generally good health, are generally well adjusted, are functionally effective, and are not in need of medical treatment (including for mental health disorders). The Program does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease.
Further, the Program is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is Your responsibility to seek independent guidance from medical professionals to the extent necessary.
By participating in the Program, you agree to accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended during any session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
As part of the Program, the Company shall provide the following to Client:
Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for as long as you are a member.
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.
Discounts – As a Program participant, You shall be entitled to a discount of 10% off all whole school adult well-being focused workshops and events.
The Whole School License
A Whole School License is a license that allows You, the Assignee at 1 School, to use the materials in the Program to facilitate professional development for staff during workshops, meetings, or electronic correspondence.
The Program may also be assigned to multiple Assignees at 1 School, such that every user at that School or within 1 Department of your organization or district (e.g., School Psychologist team) will be granted access for that Assignee’s use during the existing subscription period.
Whole School Licenses are non-transferable and may not be used by or reallocated to a different School or Department (for example, a teacher who purchases a Whole School License can share the Program materials with all fellow colleagues at their School, in accordance with this section, for her or his lifetime but cannot transfer use of the Program to another School or Department).
Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with a Whole School License, the Company grants to the purchasing Member, for use by one School of Assignees, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Program for the purposes and under the conditions described below. The Company may grant additional rights at their discretion.
When purchasing a Whole School License, the Company permits You to:
- Assign use of the Program to You, the 1 purchasing member, to be used as part of staff-wide well-being supports and training while You complete the program yourself. For clarity, you cannot share your individual log-in information but can share the videos, handouts, and other included content in the Program through in-person or electronic communication with members of your School staff only. Should You desire sharing with staff from an additional School or Department, additional Whole School Licenses can be purchased as needed. That is, you can purchase a Whole School License for the educators at your school or in your department, and you may purchase additional School Licenses on behalf of other Schools or Departments. In such cases, a single “transfer” of the Program to the intended recipient School is permitted, but you may not reallocate a School License from one Assignee to another or share the Program with additional users unless you purchase additional licenses for each additional School.
- Assign use to all Assignees at your 1 School or Department, if desired. This means that each Assignee would be given an individual log-in to gain access to the Program for individual use. Once the School's Assignees have been designated, the license cannot be used by any other individuals, Schools, or Departments, but you can purchase additional licenses as needed.
As a School or Department with a Whole School License, the Company permits you to:
- Use the Program for personal, educational, and instructional use only (“Personal Use”). This means you can use the Program for your own professional purposes, for your individual study, and to support every staff member at your school or in your department through the supports you facilitate.
- Print, make copies, and email copies of the Program handouts as necessary for your Professional Use. Copies may be made and provided to your colleagues in your school or department as necessary.
- Deliver the Program electronically as needed by using features available through the Services or by other secure means that enable access to the Program by only your colleagues in your school or department.
As a School or Department with a Whole School License, there are actions that the Company does not permit you to do:
- You may not upload the Program to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than the colleagues in your school or department.
- You may not use the Program, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.
- You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional Assignee you wish to share it with.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a whole school, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use with one school or department, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Pleasant Hill, CA. 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 against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.