Terms and Conditions of Use

Introduction

These Standard Terms of Use (these “Terms” or these “Standard Terms of Use ”) set forth below shall govern your use of this Website (www.EMDR-ed.com), including all pages within this Website (collectively referred to herein below as this “Website”), as well as your participation in any training class for which you register through this Website (“Training”) and your use of any materials presented during or provided in connection with any Training.

You must be at least 18 years old to participate in any Training. Any references in these Standard Terms and Conditions to “you”, “You”, “your”, “Your” and any other similar pronouns or other references are intended to refer to you, the individual clicking “I ACCEPT” at the bottom of this Webpage.

These Terms apply in full force and effect to your use of this Website and your participation in any Training, and by clicking “I ACCEPT” at the bottom of this Webpage, you expressly accept all terms and conditions contained herein in full and certify that you are at least 18 years old. You must not use this Website or participate in any Training if you have any objection to any of these Standard Terms and Conditions. These Standard Terms and Conditions may be unilaterally revised and retroactively applied at any time without notice.

Payment and Participant’s Agreement Training

Full refunds, minus credit card processing fees, are available up to 30 days before the training start date. Partial refunds of 80% minus credit card processing fees are available up to 15 days before the training start date. Registration is non-refundable within 14 days of the training start date.

Requests to withdraw registration within 14 days prior to the start of the training would allow you the option to transfer to the next scheduled training, dependent on availability.

Refunds will not be granted if the participant does not complete the training within one (1) year of start. Registrants who do not attend on the day(s) of the Training will be considered ‘no shows’ and will be charged the full Training registration fee. We regret that registrations may not be possible to transfer to another Training.

Prior to your Training start date, you will also be required to read and sign a separate agreement entitled “Participant’s Agreement” required for specific course offerings. A copy is attached to these Standard Terms of Use and the entire content of the attached Participant’s Agreement is fully incorporated herein.

Please note, due to circumstances beyond our control, speakers, venue, content and timings may vary. We reserve the right to cancel or re-schedule a Training if necessary. Furthermore, we reserve the right to elect to hold any Training that was intended to be held via webcast or other online content delivery system instead, such as Zoom, Webex, etc. In the case of cancellation of a Training, a full refund of the fees for the canceled Training will be made within ninety (90) days. In the event of a re-schedule, Training fees will be transferred to the new date.

Intellectual Property Rights.

Dr. Sarah Cairns and Wendy Byrd (and/or here licensors hereafter collectively referred to as “Trainer or Trainers”) owns all rights to the intellectual property and material contained in this Website and presented during or provided in connection with any Training, and all such rights are reserved. You agree not to make, and are prohibited from making, any copies, recordings, extracts, summaries, reproductions or other representations (written, audio, video or otherwise) of any of the materials contained in this Website and/or presented during or provided in connection with any Training. To do so would be an unlawful violation of EMDR Education center’s intellectual property rights and could also represent a violation of copyright laws and relevant or applicable professional rules of conduct and/or ethics and may result in disclosure or reporting to the appropriate regulating body or other third party.

Authorizations Regarding Training.

You are aware of and authorize Dr. Sarah Cairns and/or Wendy Byrd and EMDR Education Center (the “Provider”), to video record your participation during any Training (the “Recording”). You acknowledge and agree that the Recording may be used for any purpose, including education, professional development, marketing and advertising on the internet and social media platforms (the “Purpose”).

You acknowledge and agree that: (a) you have no rights to the Recording, and that it may be edited and/or cropped, combined with other images, text or graphics, or otherwise modified; (b) the authorization in this Section 3 (the “Authorization”) is effective so long as the Recording is being used at any time for the Purpose; provided that, you have the right to revoke the Authorization at any time, by providing written notice to Provider; (c) a revocation of the Authorization is not retroactive; (d) while neither the Recording nor Provider will disclose any personally identifying information in connection with this Authorization, it is possible that third parties may recognize you through the viewing of the Recording; (e) you do not need to disclose what you do not want recorded, and that you are responsible for what you disclose or discuss; (f) the recording will be stored electronically by Provider, and Provider may give access to third parties to the Recording; and (g) information used or disclosed pursuant to this

Authorization may be disclosed by the recipient and may not be protected by federal or state law, including without limitation, the Health Insurance Portability and Accountability Act.

Personally Identifying Information.

Certain types of your personally identifying information will be disclosed by you and collected on the Website, or otherwise, in connection with your enrollment or participation in a Training. All such collected personally identifying information shall be deemed as having been voluntarily disclosed by you. As a result, any collected personally identifying information may be used to improve customer service, personalize user experience and send you periodic emails and other communications.

In the unlikely event you gain access to any written, video, audio, other electronic or any other form of information that may be someone else’s personally identifying information during the course of any Training or from the Website (collectively, “Third Party PII”), you agree to: (i) immediately notify Dr. Sarah Cairns and/or Wendy Byrd in writing of such access; (ii) immediately delete and destroy any copies of such Third Party PII; (iii) otherwise keep your knowledge of all such PII in strictest confidence, and not disclose any of it to any other party; and (iv) not use any of the Third Party PII for any purpose.

Prohibitions.

In addition to the restrictions set forth in section 3 above, which is incorporated herein by reference, you are expressly and emphatically restricted from all of the following: (a) publishing any Website or Training material in any media; (b) selling, sublicensing and/or otherwise commercializing any Website or Training material; (c) publicly performing and/or showing any Website or Training material; (d) using this Website in any way that is, or may be, damaging to this Website; (e) using this Website in any way that impacts user access to this Website; (f) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; and (g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.

No warranties.

This Website and the electronic Training you receive are each provided “as is.” Neither the Website nor Trainer make any express or implied representations or warranties, of any kind, related to the clinical efficacy that this Website, the materials contained on this Website, the Training or any materials presented during or provided in connection with any Training, has on your client population. It is your sole responsibility to decide who, how and when to clinically incorporate the training you received from this Website. The Website and any Training may be changed at any time, but no commitment of any kind is made that the Website or any Training will be changed or updated in the future. No warranties of any kind (express or implied) are made regarding the availability or quality of service of any webcast or other online content delivery system that we may elect to use. Additionally, nothing contained on this Website or during any Training shall be construed as providing a professional opinion, consultation, or any other type of advice of any kind to you.

Accommodations

We attempt to hold all programs in facilities that accommodate mobility limitations consistent with ADA guidelines. Requests for accommodations and questions about accommodations can be directed to admin@emdr-ed.com. Please submit requests a minimum of two weeks in advance.

Complaint and Grievance Procedure

EMDR Education Center is committed to providing high quality educational programs to mental health professionals. Participant satisfaction is important to us. Feedback, questions, and concerns can be addressed to Dr. Sarah Cairns and/or Wendy Byrd at admin@emdr-ed.com.

In no event shall the Website or individual Trainer, Provider (or any affiliate, agent or representative thereof) be liable to you for anything arising out of or in any way connected with your use of this Website, the materials contained on this Website, the Training or any materials presented during or provided in connection with any Training, whether such liability is under contract, tort or otherwise, and neither the Website nor the Trainer, nor any affiliate, agent or representative thereof, shall be liable for any indirect, consequential, speculative, special, or any other similar liability arising out of or in any way related to your use of this Website, the materials contained on this Website, the Training or any materials presented during or provided in connection with any Training.

Indemnification.

You hereby indemnify to the fullest extent possible the Website and Trainer from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of this Website, the materials contained on this Website, the Training or any materials presented during or provided in connection with any Training. You shall also indemnify, to the fullest extent possible, the Website and Trainer from and against any claim, demand, cause of action, damages and expenses (including reasonable attorney’s fees) made, filed or otherwise asserted against the Website or any individual Trainer by one or more of your clients.

Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms.

The Website and/or Wendy Byrd and/or Dr. Sarah Cairnes and The EMDR Education Center are permitted to revise these Terms at any time as they see fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website and any Training.

Assignment.

The Website and/or Dr. Sarah Cairns and/or Wendy Byrd and/or and EMDR Education Center, PLLC shall be permitted to assign, transfer, and subcontract their rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Website and Trainers and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of Texas and you submit to the non-exclusive jurisdiction of the state and federal courts located in Louisiana for the resolution of any disputes.

Force Majeure

Other than payment obligations, no party hereto shall be liable for any failure of or delay in their performance hereunder for the period that such failure or delay is beyond the reasonable control of a party, including without limitation, as a result of natural disasters, acts of God, acts of terrorism, civil disobedience, pandemics or epidemics.

Arbitration Agreement

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Texas before a single arbitrator.

The arbitration shall be administered by the Judicial Arbitration Services (“JAMS”) according to its Comprehensive Arbitration Rules and Procedures and under the Expedited Procedures in those Rules.

Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to the Terms of Use set forth herein, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.

Attorney’s Fees

In any arbitration or other legal proceedings by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to and be awarded the reasonable attorney fees, costs, and expenses the prevailing party incurred. The prevailing party shall also include a party who offered a resolution before the conclusion of the arbitration that was rejected by the other side and ultimately received a more favorable ruling than what the party offered. For example, if one party offers to pay the other $1,000 to resolve all disputes and the offered party rejects it, but ultimately the arbitration results in the offering party only being required to pay $500, the offering party shall be deemed the prevailing party for purposes of this Attorney Fees provision.

After you have completed all requirements for registration, you will be enrolled in an online course in the Canvas learning environment (canvas.instructure.com). An invitation will arrive via email approximately 2 weeks before the first day of training. This online course will contain the Zoom link and any additional course materials needed.

All participants will need to submit a copy of their resume or CV and proof of licensure to our online portal. If you are requesting a discount as a student, veteran, or not-for-profit employee, you may have to submit additional documentation of your status. A letter from your supervisor or unofficial transcript from your university may also be required.

All participants must read Eye Movement Desensitization and Reprocessing (EMDR) Therapy: Basic Principles, Protocols, and Procedures (Third Edition) by Dr. Francine Shapiro. This book is not included in the cost of your training. You may purchase it from any bookseller.

Requests for accommodations for in-person or virtual training can be directed to admin@emdr-ed.com. Please submit requests a minimum of 10 working days in advance.

Full refunds, minus credit card processing fees, are available up to 30 days before the training start date. Partial refunds of 80%, minus credit card processing fees, are available up to 15 days before the training start date. Registration is non-refundable within 14 days of the training start date.

Requests to withdraw registration within 14 days prior to the start of the training would allow you the option to transfer to the next scheduled training, dependent on availability.

Refunds will not be granted if the participant does not complete the training within one (1) year of start. Registrants who do not attend on the day(s) of the Training will be considered ‘no shows’ and will be charged the full Training registration fee. We regret that registrations may not be possible to transfer to another Training.

Prior to your Training start date, you will also be required to read and sign a separate agreement entitled “Participant’s Agreement” required for specific course offerings.

Please note, due to circumstances beyond our control, speakers, venue, content and timings may vary. We reserve the right to cancel or re-schedule a Training if necessary. Furthermore, we reserve the right to elect to hold any Training that was intended to be held via webcast or other online content delivery system instead, such as Zoom, Webex, etc. In the case of cancellation of a Training, a full refund of the fees for the canceled Training will be made within ninety (90) days. In the event of a re-schedule, Training fees will be transferred to the new date.

EMDR Education Center is committed to providing high quality educational programs to mental health professionals. Participant satisfaction is important to us. Feedback, questions, and concerns can be sent to admin@emdr-ed.com or by mail to: EMDR Education Center