This program is intended for educational and self-help purposes only. It is NOT intended as medical or mental health advice or therapy. Before beginning any program of this nature, speak to your doctor to rule out any medical conditions that may be contributing to your concerns about yourself or your child. The author makes no health claims for this program. This program is based on proven methods taught to children of all ages. You may find some of the exercises or props to be more effective than others based on the personal interests of yourself or your child.
User shall mean the individually named user who is licensed to access the Sound Mind eLearning Community website (the “Community”). Unless otherwise stated, another User may not be substituted for an original identified User, without prior written approval from Sound Mind.
1. License Grant.
Subject to the terms and conditions contained in this License Agreement, including all purchase orders (collectively, this “Agreement”) and payment of applicable fees as further set forth in a purchase order submitted by User and accepted by Sound Mind, Sound Mind grants to the User a non-exclusive, non-transferable single user license to access the Community and use the training and learning materials purchased (the “Learning Materials”) for a sixty day period from the date of purchase (the “Subscription Term”) .
2. Scope of License.
2.1 Each User who accesses the Community will receive a password and user name. Users may not share their passwords and user names. The Learning Materials may not be transferred to or accessed or used by other persons whether or not in the same organization. Simultaneous use of the Learning Materials by individuals is not permitted.
2.2 During the Subscription Term, each User shall have unlimited access to Learning Materials that have been purchased. Sound Mind may, at its sole discretion, update or change the Learning Materials available on the Community.
2.3 The Learning Materials may not be transferred, sold, assigned, leased, rented, licensed, sublicensed, or otherwise conveyed, in whole or part, by User to another party without Sound Mind's prior written consent. This Agreement automatically terminates if User transfers possession of the Learning Materials or a copy thereof to another party. User shall have no right to use the Learning Materials to provide time sharing services or operate a service bureau for others.
3. Sound Mind Rights.
3.1 The Learning Materials are proprietary materials of Sound Mind, or its licensors (if any), and are protected by copyright law. By virtue of this Agreement, User acquires only the non-exclusive right to use the Learning Materials and does not acquire any rights of ownership in the Learning Materials. Sound Mind, or its licensors (if any), shall at all times retain all right, title, and interest in the Learning Materials. User acquires no rights of any kind in or to any trade name, logo, or trademark of Sound Mind, or its licensors, or any designation under which the Learning Materials are marketed and shall not make use of the same for any reason, except as expressly authorized by this Agreement or otherwise authorized in writing by Sound Mind.
4. Non-Disclosure; Copies; Alterations.
4.1 User acknowledges that the Learning Materials are the valuable proprietary and trade secret information of Sound Mind or its licensors (if any). User shall (i) limit use and disclosure of the Learning Materials to a single employee or consultant who agrees to be bound by the terms of this Agreement; (ii) not provide or disclose any of the Learning Materials to another party; and (iii) maintain the confidentiality of the Learning Materials. User agrees not to cause or permit the reverse engineering, modification, decryption, extraction, or copying of the Learning Materials, except as required by applicable local law under penalty of license termination but not exclusive of any other remedies. User may not copy nor allow others to copy the Learning Materials, or any portion thereof, for any other purpose.
5. Exclusion of Warranty.
5.1 THE LEARNING MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, AND SOUND MIND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LEARNING MATERIALS, EXPRESS OR IMPLIED, IN FACT OR IN LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUND MIND DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. For example, Sound Mind does not warrant that errors cannot arise during the use of the Learning Materials. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, AND DO NOT ALLOW A LIMITATION ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. No Sound Mind employee, supplier, or agent is authorized to make any modification or addition to this warranty.
6. Limitation of Liability.
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF SOUND MIND OR ITS LICENSOR, IF ANY, FOR DAMAGES RELATING TO ANY LEARNING MATERIALS SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY USER FOR SUCH LEARNING MATERIALS. IN NO EVENT SHALL SOUND MIND, OR ITS LICENSORS, BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE LEARNING MATERIALS, EVEN IF SOUND MIND OR ITS LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
7. Export Regulations.
7.1 The Learning Materials, including technical data, are subject to Canadian export control laws and may be subject to export or import regulations in other countries. User shall not directly or indirectly export or re-export the Learning Materials, or the direct Learning Materials thereof, without first obtaining Sound Mind's written approval. User agrees to comply strictly with all regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Learning Materials.
8. Payment and Taxes.
8.1 Fees for the Learning Materials are billed according to the terms and conditions set forth on the Community.
8.2 All fees and expenses are exclusive of any national, state, municipal, or other governmental excise, sales, value-added and occupational taxes and other fees and levies, all of which User shall be responsible for and will pay in full, other than taxes based on Sound Mind’s net income.
8.3 As regards taxes in the European Union, prices and fees are inclusive of transactional taxes where relevant (like sales tax, VAT and GST), except for the following (which will be added as part of the total price buyers see before finalising a purchase): (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added. User is responsible for paying all other fees and taxes associated with your use of the Community wherever levied (including withholding tax, if applicable). Sound Mind may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
9. Records Inspection.
9.1 User shall maintain accurate books and records in connection with User's use of the Learning Materials under this Agreement. Such records shall include at a minimum the number of licenses purchased and being used by User. Sound Mind may, at its expense, audit the records of User to ensure compliance with the terms of this Agreement. Any such audit shall be conducted during regular business hours at User's offices and shall not interfere unreasonably with User's activities. If any audit reveals that User has underpaid license fees to Sound Mind, User shall be invoiced for such underpaid fees based on Sound Mind's list price in effect at the time the audit is conducted. If the underpaid fees are in excess of five percent (5%) of the Learning Materials fees paid by User over the prior twelve (12) month period, then User shall pay Sound Mind's costs of conducting the audit. Audits shall be made no more than twice per calendar year.
10.1 Without prejudice to any other rights, Sound Mind may terminate this Agreement immediately upon written notice to User if User fails to comply with any of the terms and conditions of this Agreement or in the event that User ceases its business operations, makes a general assignment for the benefit of creditors, is adjudged bankrupt, or becomes insolvent.
10.2 Upon termination of this Agreement for whatever reason, User’s right to use the Learning Materials and access the Community, and all licenses granted hereunder, shall be immediately terminated. Within 15 days following the effective date of such termination or expiration, User must return to Sound Mind or destroy all copies of the Learning Materials, and promptly certify in writing to Sound Mind that the same have been returned or destroyed.
11.1 GATHERED AND TRACKED INFORMATION
11.1.1 Registration and Tracking Information.
Sound Mind gathers data that members provide through voluntary registrations on our site and aggregate tracking information derived mainly by tallying page views throughout our sites and clicks on or via our newsletters or advertisements. Such information enables us to better tailor our content to customer needs and to help us to better understand the demographics of our members.
11.1.2 Track Surveys
Sound Mind may from time to time conduct member surveys to better target our content to our members. While Sound Mind will share the aggregated responses and demographic information in these surveys with labels and partners, Sound Mind will not release any personally identifiable information relating to any customer.
On occasion, Sound Mind uses a counter to track member traffic patterns on our web site. A counter provides no member identifiable data but allows Sound Mind to count which pages have been viewed. Sound Mind does not aggregate or track personally identifiable information when using a counter, only usage patterns. This information is collected for internal marketing and sales efforts. The data is also used to predict responses to advertisements, to help determine which ads perform best and which content is most appropriate for different members.
11.2 USE OF INFORMATION: Sound Mind uses the information voluntarily given by our members to enhance their experience on our site to better prepare future content based on the interests of our members. Sound Mind may also use the aggregated information to attract additional labels and advertisers. We use tracking information to determine which areas of our sites members like and don't like based on traffic to those areas. Sound Mind does not track what individual members read, but rather how well each page performs overall. This helps us continue to build a better service for you.
11.3 SHARING OF INFORMATION: Sound Mind uses the above-described information to tailor our content to suit your needs and help our music labels and advertisers better understand our customer's demographics. Sound Mind will not release any personally identifiable information relating to any customer.
11.4 CHILDREN PRIVACY: Registrants of Sound Mind service must be over the age of 18. Sound Mind's web sites, products, and services are not developed for or directed at children. If you believe your child has provided Sound Mind with personally identifiable data, or registered a Sound Mind web site, and you would like to have them removed, please contact Sound-Mind.com.
11.5 CORRECT / UPDATE POLICY: Sound Mind offers members the ability to correct or change the information collected during the registration process. The instructions for doing this can be found in our Members area. Members may change this information at any time and as often as necessary. Members who are experiencing problems or who have any questions about how our services work can contact us at Sound-Mind.com.
12.1 This Agreement constitutes the complete agreement between the parties with respect to the Learning Materials and supersedes any other communication or advertising, whether written or oral, with respect to the Learning Materials. This Agreement is governed by the laws of British Columbia, Canada, excluding conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. Sound Mind's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision.