TERMS AND CONDITIONS AGREEMENT
This agreement (“Agreement”) governs our Services (as defined below) and one purpose is to communicate the risks associated with our Services and have you release Meredith Stremel Consulting, LLC, an Ohio limited liability company dba The Potty Coach (referred to using “we” or “us” or “our”), of any liability.
BY PURCHASING OUR ONLINE COURSE, YOU ARE AGREEING TO THE FOLLOWING: PLEASE READ CAREFULLY. The terms of this Agreement apply with respect to your purchase and use of our online potty training course(s) that you have selected (whether recorded, streaming, podcasts or other) and related materials (“Services”). OUR SERVICES ARE OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS OF THIS AGREEMENT.
If you are a minor, your legal guardian must also read and agree to this Agreement on your behalf.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS AGREEMENT. BY AGREEING TO THIS AGREEMENT, YOU RELEASING AND WAIVING CERTAIN LEGAL RIGHTS.
Inherent Risks: You understand that receiving the Services and implementing any information or strategies may pose inherent risks to you or your child. You acknowledge and agree that your use or adoption of any recommendations, strategies or information is completely voluntary and you are solely responsible for freely choosing to implement them. Potential risks include but are not limited to:
Worsening behavior of your child and any risks stemming from any underlying behavioral issues.
Emotional, psychological and physiological changes, distress, disorientation related to changes, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.
Voluntary Assumption of Risk: You have read this Agreement and understand the risks of receiving the Services. By clicking to agree, and by accepting the Services, you are voluntarily assuming all risks inherent in the Services.
Release, Waiver and Indemnity: You, on behalf of yourself and your representatives, heirs, successors, children, dependents and assigns, hereby WAIVE, RELEASE AND COVENANT NOT TO SUE us and our members, managers, directors, officers, contractors, employees, agents, successors and assigns (the “Released Parties”), from any and all liability, loss, damage, costs, claims and/or causes of action, arising out of or related to the Services and/or your use of the Services, including, but not limited to, all bodily injury, death and property damage. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you or your child, including but not limited to any form of damages, as a result of your undertaking of the Services. You agree that this Agreement applies to you, your child, your family, heirs, executors or anyone else who may be able to bring a legal action on your or your child’s behalf in the future. You agree to INDEMNIFY AND HOLD HARMLESS the Released Parties for any and all liability, loss, damage, costs, claims, judgment or settlement which may be brought or entered against any of them as a result of the Services and/or your use of the Services. The indemnification shall include attorneys’ fees incurred in defending against any claim or judgment and incurred in negotiating any settlement.
Continued Agreement: Agreement to this Agreement will act as your continued agreement with respect to all ensuing services you may receive from us (above and beyond the Services) whether in person, online, via video conferencing tool or otherwise.
MEDICAL DISCLAIMER: The information and strategies included in our Services is not medical advice. You and we are not establishing a medical professional/patient relationship. The Services are provided for information purposes only and are intended for use with healthy children with common potty training issues that are unrelated to medical conditions (whether diagnosed or undiagnosed). The information provided is not intended nor is implied to be a substitute for professional medical advice. Always seek the advice of a physician with any questions regarding a medical condition or the health and welfare of your child.
Although Meredith Stremel, our principal, is a licensed psychologist in Ohio, a licensed independent social worker in Ohio, a board certified behavior analyst, and a certified Ohio behavior analyst, neither Meredith Stremel nor we are serving as your or your child’s mental health professional in the context of the Services. We will not provide the diagnosis or treatment of any mental health issues as part of or in connection with the Services. You understand and agree that the Services are not designed to cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind.
PEDIATRICIAN APPROVAL: You agree to consult with and agree to obtain approval from your child’s pediatrician before following or implementing any information or strategies or using any techniques offered as part of the Services.
Confidentiality: We agree to protect the confidentiality of your and your child’s identity and any communications with you. We will only release information to others with your written permission, or if we are required to do so by a court order or legal proceeding. There are some situations in which we may be legally obligated to breach confidentiality in order to protect individuals from harm. We may be required by law to report to necessary authorities if we are concerned about the abuse of any child or elderly or person with a disability. If you or your child is an imminent risk to themselves or makes threats of imminent violence against another, we may be required to take protective actions. While quite rare, if such a situation occurs, we will make efforts to discuss it with you before taking any action.
Notwithstanding the foregoing, in our marketing materials, we may anonymously describe or otherwise use information so long as no personally identifiable information is used/disclosed (or that would allow you or your child to be identified). With your prior consent, personally identifiable information may be used in our marketing materials and/or you may give a customer testimonial as you see fit; provided, however, if you submit or post a testimonial, comment or review on social media or online, you agree that we may use such testimonial, comment or review in our marketing materials without any further consent of you and that the same will not be confidential and may be used by us in any manner in our marketing materials.
Ownership of Written Materials: The information provided within the Services may not be reproduced, republished, or transmitted by you in any form or by any means mechanical or electronic, including photocopying and recording, or by any information storage and retrieval system, without our written permission. All information supplied by us either verbally, written, or implied remains the property of us at all times. Written permission is required to reproduce, record, publish, or advise verbally any details of the Services or any information contained therein in any format whatsoever. This includes but is not publishing on any blogs, websites, social media pages, forums or similar boards. Any passing of any information to anyone is strictly forbidden and subject to copyright and other intellectual property laws.
Results Not Guaranteed: We do not offer any guarantees related to the effectiveness of our Services and offers them on an “AS IS, WHERE IS basis”. Results are greatly dependent upon individual decisions, abilities, and other factors (including, but not limited to, illness, environment, visitors, travel, family changes, inconsistent reinforcement) outside of our control. We warrant that our Services will be provided in a professional and workmanlike manner consistent with industry standards. THIS LIMITED WARRANTY IS THE ONLY EXPRESS OR IMPLIED WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE/NON-INFRINGEMENT.
No Refunds: Refunds are generally not available. If you initiate a credit card chargeback, an additional fee of $250 may be charged to you. Notwithstanding the foregoing, we may offer refunds on a case by case basis, as solely determined by us.
Damages are Limited: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AT ISSUE. THIS LIMITATION OF DAMAGES IS A MATERIAL INDUCEMENT TO US MAKING THE SERVICES AVAILABLE AND WE WOULD NOT HAVE MADE THE SERVICES AVAILABLE TO YOU AND AGREED TO THE PRICING HAD THIS LIMITATION NOT BEEN INCLUDED.
Governing Law and Venue: This Agreement is made and shall be enforced according to the laws of the State of Ohio, without regard to its conflicts of law principles. The parties agree to submit to the personal jurisdiction of the courts located in Warren County, Ohio as the exclusive forum in the event of a dispute under this Agreement.
Severability: If any provisions of this Agreement are invalid or unenforceable, the parties authorize and direct a court of competent jurisdiction to enforce such provisions to the maximum extent enforceable and the other provisions in this Agreement will remain in full force and effect.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and replaces any prior agreements.
Headings: The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
Waiver of Breach: The waiver by us of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you.
Notice: For the purpose of this Agreement, email will suffice for written notice when required.
Online Agreement: This Agreement is agreed to by having you click “I Agree” (or similar), the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.