Terms of Use and Privacy Policy

TERMS OF USE

Sound Mind eLearning Community Terms of Use 

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. Termination.

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. Miscellaneous.

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.

PRIVACY POLICY

Effective date: May 25, 2018

Sound Mind (“us”, “we”, or “our”) operates the www.sound-mind.ca website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

1. Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

2. Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

2.1 Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

2.2 Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

2.3 Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings.

2.4 Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

2.5 Examples of Cookies we use:

   Session Cookies. We use Session Cookies to operate our Service.

   Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

   Security Cookies. We use Security Cookies for security purposes.

3. Use of Data

Sound Mind uses the collected data for various purposes:

To provide and maintain our Service

To notify you about changes to our Service

To allow you to participate in interactive features of our Service when you choose to do so

To provide customer support

To gather analysis or valuable information so that we can improve our Service

To monitor the usage of our Service

To detect, prevent and address technical issues

To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

3.1 Retention of Data

Sound Mind will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Sound Mind will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

3.2 Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there.

Sound Mind will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

3.3 Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, Sound Mind may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Sound Mind may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation

To protect and defend the rights or property of Sound Mind

To prevent or investigate possible wrongdoing in connection with the Service

To protect the personal safety of users of the Service or the public

To protect against legal liability

3.4 Security Of Data



The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

3.5 “Do Not Track” Signals



We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

4. Your Rights

Sound Mind aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the right:

To access and receive a copy of the Personal Data we hold about you

To rectify any Personal Data held about you that is inaccurate

To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to Sound Mind. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

5. Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

5.1 Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

5.2 Payments



We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processor we work with is:

PayPal

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

5.3 Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.



6. Children’s Privacy

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

7. Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

8. Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: val@sound-mind.ca

By visiting this page on our website: sound-mind/contact-us