Terms of Use

THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND DEBBIE PEARSON & ASSOCIATES, LLC. (“WE,” “US,” OR “DPA”) AND GOVERN YOUR USE OF OUR WEBSITES AT WWW.DEBBIEPEARSON.COM, AND ANY OTHER SITES OR LANDING PAGES CREATED BY US FROM TIME TO TIME (THE “SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE “PRODUCTS”). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE “SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.

1. SERVICES

DPA grants you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or canceling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

2. REGISTRATION

In order to use certain features of the Website, you may be required to create and register an account (“Account”). You must provide accurate, current, and complete information during the registration process and keep your Account up-to-date at all times. You are solely responsible for the confidentiality of your Account and password, as well as for its use and misuse. You must promptly inform us of any need to deactivate your Account, including if you become aware that your Account is compromised or being used without authorization. You will be liable for any and all activities conducted through your Account that, if undertaken by you, would be deemed a violation of these Terms. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without providing a refund of amounts paid by you, including if, in our opinion, you have violated any provision of these Terms. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

3. BILLING

If you create an Account that requires a subscription or other form of payment (“Fees”), we will automatically bill you from the date you open the account based on the plan you choose, and continue to bill you accordingly until cancellation or termination, including any final billing period based on the timing of such cancellation or termination. You are responsible for the timely payment of all Fees and for providing valid credit card or payment account details for payment of all Fees. If there are any payment issues related to Fees due, we reserve the right to revoke or restrict access to your Account, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must update your information directly with the payment processor; this may temporarily disrupt your access to the Website while we verify your new payment information. All Fees are payable in U.S. Dollars, unless otherwise specified. We may change the Fees for any Website (excluding pre-paid plans for the pre-paid billing period). We will endeavor to provide you with advance notice of these changes via a message to the email address associated with your Account, provided, however, that failure to provide advance notice will not preclude any such changes.

4. FREE TRIAL

If applicable, usage of the free trial is only permitted on a one time use basis for each individual. This is not to be abused and enrolled in using multiple Accounts. If you enroll in free trials using multiple Accounts then we reserve the right to revoke or restrict access to your Account(s), or terminate your Account(s).

5. REFUNDS

Unless otherwise stated, each Product has a 7-day refund policy, wherein you are eligible to request a refund if you are dissatisfied with the Product, from 7 days of the Purchase. Some of the Products sold by Us on this Site have their own refund policy noted on the sales page and / or check-out page. If you have questions about a specific policy, please email us at info@debbiepearson.com before you purchase. If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.

6. YOUR CONTENT

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly, including your active video involvement through Zoom or other video-based webinar platforms for which you may be visible throughout the course session, or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media (including recording of the above noted video-based course sessions) now known or hereafter devised, in connection with our provision or promotion of information products or services. You further acknowledge and agree that by enrolling in and taking any course(s), that your video image and likeness, name and involvement in any manner may be captured and subsequently displayed within our video library.

7. YOUR CONDUCT

You agree that you will not: (i) use the Services in a manner that (a) violates any applicable international, federal, state, provincial or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent,

deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances; (ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products; (iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; (iv) violate or attempt to violate the security of the Services; (v) reverse engineer, decompile or disassemble any portion of the Services; (vi) “scrape” information from the Services by automated means; (vii) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services; (viii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or (ix) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.

8. PROPRIETARY RIGHTS

As between you and us, we own the Services, including the Products, and any and all graphics, videos, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of DPA, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to Canadian and U.S. copyright laws, international conventions, and other copyright laws. DPA retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.

10. INDEMNITY

You agree to indemnify, defend and hold harmless DPA and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. DPA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

11. DISCLAIMERS; LIMITATIONS OF LIABILITY

(a) You assume all responsibility and risk for your use of the services. The services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

(b) While we make good faith efforts to include substantially accurate information in the services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the services, that the services will meet your requirements, or as to the results that will be derived from using any of the information included in the services.

(c) In no event shall DPA or its affiliates be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services. Our liability for any direct damages shall be limited to the amount of fees you have paid for the products giving rise to such liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, DPA’s maximum liability for any type of damages shall be limited to the lesser of (i) a refund of the amount paid for the product at issue, or (ii) $100.

(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions, or recommendations made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon products. The services shall not constitute or be construed as a recommendation, solicitation, offer, or opinion by DPA or our affiliates, principals, or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. Past performance is no guarantee of future results.

(e) You assume all responsibility and risk for your use of the services. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the services. All information provided in connection with the services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to consult with an appropriate licensed professional if you seek any such advice. If you or someone you love is experiencing dangerous or suicidal thoughts, reach out to your local medical authority or local support hotline.

12. LAW; JURISDICTION

These Terms shall be governed by the laws of Canada & the United States of America. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE COUNTY OF PULASKI, ARKANSAS..

13. PRIVACY Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

14. CHANGES

We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.

15. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to info@debbiepearson.com. Please include:

Your telephone number and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16. LINKS

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

15. PROTECTED MATERIAL

By becoming a member of this platform (DebbiePearson.com or Debbie Pearson & Associates, LLC, or "the Site"), you agree that you will not distribute, copy, or create any content that is recognizably similar to any content within the Site without the express consent of Debbie Pearson. By agreeing to these conditions, you hereby accept any and all material pertaining to Debbie Pearson’s work (courses, workbooks, webinars, or any other DPA work as owned solely by Debbie Pearson, and you will not replicate it in any form.

18. MISCELLANEOUS

No joint venture, partnership, employment or agency relationship exists between you and DPA as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and DPA with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. DPA may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, DPA shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to DPA. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with DPA. Notices to us shall be sent by email to info@debbiepearson.com

DPA Community Guidelines

Introduction

By joining any membership of Debbie Pearson & Associates, LLC ("DPA"), you agree to abide by following DPA community terms and conditions:

1. Disclaimer and agreement

● DPA and all related parties/individuals, including officers, directors, facilitators and mediators are released from any form of liability that may arise as a consequence of you joining and/or participating in this group.

● With any online service, there is some level of risk when communicating information over the Internet and the user assumes any responsibility for any information that they may enter during their chat sessions. You agree to assume the risk of accessing and using this service.

● By agreeing to use this support group and the specific interface in which is operated you further agree to the terms of any DPA website, which terms are available for review at www.personaldevelopmentschool.com.

● This group and the conversations within are voluntary and are not a substitute for psychological assessment, diagnosis, treatment, and counseling services. If you believe you are experiencing an emergency, contact your local helpline or healthcare provider.

● DPA is not responsible for private messages that are pursued outside of the moderated spaces; the user is responsible for blocking or discontinuing communication with any parties who they may partake in private, unmoderated conversations with outside of the scope of DPA that they no longer wish to communicate with. Further, you are responsible for the information that you choose to share within this setting. We request that you do not share any information which is not about yourself or which identifies another party for whom has not accepted this terms and consent the release of information related to them.

2. Conduct

a. Seek to understand

Please be kind to all members and share feedback from a thoughtful place. We would please ask that as this is intended to be a safe environment that you give your fellow group members the benefit of the doubt when their comments don’t sit well with you and refrain from responding in a defensive way that may derail constructive conversation. Seek to understand, to find the meaning behind people's actions, and the opportunity for deeper awareness and healing. We are a large community with various perspectives, backgrounds, experiences and wounds (some unhealed) so it is important to be mindful of this while communicating. The common denominator is that we are all here for growth and personal empowerment, but that empowerment should not come at the cost of another person within the larger community.

b. Posting

Be a responsible reader. Make sure you are responding to the question that’s being asked, if you so choose, as there is no obligation to respond, or ask for clarity if you are unsure of the intent behind another participant’s question. Read some of the comments that were made before yours, so you know whether you are reinforcing an existing sentiment or adding new knowledge to the thread. Do not give advice unless requested by poster and withhold from telling others what to do (“Leave” “Run”). Instead, we encourage participants to ask questions, share resources and your own experiences that allow you to gain a deeper understanding of yourself and others.

Stay on topic. The projects on this website have been created for a specific purpose. Please stay within the boundaries of the subject matter.

c. Disagreements

Be constructive. It's okay to disagree with other forum participants, but we do not condone shaming others for their views or choices and encourage respectful dialogue that involves embracing complexity and nuance instead of black and white thinking. It is important to keep the discussion focused on the issues rather than letting it deteriorate into personal directed statements,, insults, attacks or judgment. Conduct conversations from a place of compassion and curiosity.

Avoid making generalizations about or stereotyping others. Turn off caps lock when writing responses, as this can be misinterpreted as shouting and seen as offensive.

If your personal beliefs or your past experiences limit your ability to contribute constructively to the conversation, please refrain from commenting on the specific thread and do not engage in ego-based conflicts. If someone’s comment doesn’t resonate, or a conversational thread is no longer serving you, gain value from the posts that offer help and support, and ignore the ones that don’t.

d. Privacy

Please respect the privacy of all members in the group. Do not copy, paste or share any content from the group, outside of it, in any way shape or form. Do not post personal information about another forum participant, this includes identifying any individual by their real name if they have not already done so or providing personal contact information. Do not disclose any personal, sensitive, clinical or confidential information, about yourself or another person, for whom has not authorized you to do so.

e. Video Chat and Socials

When partaking in our Discord video chat feature and after-hours socials, DPA is not responsible for these unmoderated spaces and you accept the risk of using these features. We encourage participants to follow the same respectful behaviour outlined in our community guidelines within these spaces.

f. Other

Respect our moderators. It’s their job is to keep the forum safe and constructive so that everybody gets to have their fair say. It is not always an easy job.

Do not share DPA events or webinar links on public forums. If you require a link, please contact info@personaldevelopmentschool.com, sign up for our newsletters or refer to the webinar and event pages on our website.

3. Unacceptable Behaviour

Intolerance or hate speech around a person’s race, culture, appearance, gender, sexual preference, religion, age or attachment style.
Disrespecting, shaming or use of derogatory and foul language.
Bullying, harassment or threats.
Sexual harassment.
Rudeness, insulting others, personal attacks, threats or inflammatory posts.
Unsolicited private messages to other members (unless you have agreed in the public forum to take the conversation offline).
Posting disturbing comments, language, material or photos.
Promoting or discussing illegal activities.
Defaming or slandering the DPA organization, employees or members.
Advertising, soliciting, spamming or commercial self-promotion.
Abuse of refund policy - one refund allowed per customer.
Failure to adhere to these terms and conditions may result in a warning or depending on the offense, an immediate removal or ban from The Personal Development School so that this group continues to be safe, supportive, and inclusive for all. You will not be entitled to any refunds of any programs with The Personal Development School in the event of such a ban.

If you see anyone violating our community guidelines, please alert our moderators through a private message. All private messages will remain confidential. The moderation team will take a look at the reported issue and determine next steps based on our internal processes and the severity of the violation.

The following section is specifically for people enrolling in the Gibson Integrated Attachment Theory Training:

This Teacher Training Registration Agreement (“Agreement”) is made and entered into as of the day you have registered for the IAT Training Program. It is a legal agreement between the Registrant and recipient of this Agreement (“you”, “your”) and The Personal Development School Inc. ("DPA") and sets out the terms and conditions that governs your purchase of training services to be provided by DPA.

1. Term. This Agreement shall be effective on the date you have registered for the IAT Training and accepted these terms on enrollment in the IAT program (the “Effective Date”) and, shall expire at the conclusion of the training services performed under this Agreement, except for provisions intended to survive the conclusion of the training services, including all terms around confidentiality and use of work product and materials.

2. Training Services: Upon your payment of the training fees and your acceptance of this Agreement, DPA shall register you for its Integrated Attachment Therapy (“IAT”) Coaching Program, which consists of the following training services:

Description

Dates There’s more to the right (Frequency)

Frequency

IAT Coaching Sessions

to be confirmed within the registration (Twelve weekly sessions)

Twelve weekly sessions*

Certification Test

To be confirmed with notice to all students (one-time)

One-time

*A detailed itinerary will be provided closer to the beginning of the sessions. The first 4 weeks will be live programs and include the top 3 courses, which shall be prerequisites for the following courses. The following 8 weeks be a mixed of intensive training and pre-recording of past courses.

The purpose of the IAT Coaching Program (the “IAT Program”) is to equip you to become an IAT coach and to provide you with high level resources on operating your own IAT coaching business. Upon completion of the IAT Program, including the passing of the Certification Test, DPA will certify you as a certified IAT coach. This certification shall remain valid provided you complete an annual re-certification consisting of attending/watching certain seminar materials and/or taking certain re-certification limited programs, as provided by DPA each year. The cost of the annual re-certification seminar is $25, which fee or requirement for re-certification may be subject to change, without notice. This cost is not included within the pricing for the program.

Sessions will be conducted live by Thais Gibson or another equivalent instructor of DPA, which may also include past IAT graduates. Recordings of the sessions may be made available for participants who are unable to attend a session live. All sessions will be conducted online. It is your responsibility to have an internet-enabled computer with video conferencing capability to be able to fully participate in the sessions.

In conjunction with the instructor led sessions, DPA will provide you with materials about the various IAT tools and frameworks that will be taught as well as materials to assist you in establishing your own IAT coaching business. These materials are for your personal use only and shall not be copied, distributed, or used in the preparation of your own training materials, in whole or in part. In the event, these provisions are violated, you agree to immediately cease all such activities and assign all rights in any materials created from our training to DPA, without compensation.

3. Permitted Use: In consideration for and upon payment of the fees set out in this Agreement, DPA grants you a non-exclusive, fully paid, non-transferrable, fully revocable license to use the Training Services solely for your personal or business use as a IAT Trainer and/or Coach and not for the purpose of reselling any of the materials or offering this training in whole or in part. Further, you shall not seek to hold yourself out as a representative of DPA without the express written consent of DPA, other than to denote that you are a certified trainer further to your successful registration, payment, and completion of the DPA IAT training. DPA may terminate your license to use the Training Services, in whole or in part, without providing any refund or canceling your obligation make installment payments, if applicable, if DPA determines, in its sole discretion, that you have breached or violated any of the provisions of this Agreement. You are specifically excluded from, offering similar training services as offered by DPA, to other teachers, using any part of any materials that are derived from any of the supplied training materials or videos, offering a reply of the webinars forming part of the IAT course to any party, person, or group, for any commercial purpose or for any monetary value. You shall not use any attendance in the IAT Program, or any materials provided to offer any services competitive with the IAT program, or any online programs similar to those offered by DPA.

4. Proprietary Rights: DPA owns and retains all right, title and interest in and to the following: (a) the Training Services, (b) all ideas, concepts, techniques, processes, know-how, modifications, enhancements and derivatives works that may be developed or invented by DPA during its performance under this Agreement, and (c) all intellectual property rights in and to the property described above. All documentation provided to you is also protected under applicable copyright laws and your right to use the materials provided to you is limited to the terms set forth in this Agreement. All rights not expressly granted to you under this Agreement are expressly reserved by DPA. In the event, that you try to use the information of DPA obtained during or after the completion of the IAT Program for any purposes other than as permitted in writing by DPA.

5. Confidentiality: You agree not to use or otherwise disclose to any party, without DPA’s express written consent, any of the Training Services, including any confidential information about DPA you may learn under this Agreement. You agree to take reasonable measures to protect the Training Services and confidential information and to ensure that it is not disclosed, distributed or used in violation of the provisions of this Agreement, which shall include the obligation to seek similar protections and confirmations from your participants, once certified and offering training. This clause shall survive the termination of this Agreement.

6. Limitations of Liability: All Training Services, materials or other other information provided by DPA under this Agreement are furnished on an “as-is'' basis. DPA makes no express, implied or statutory warranties, including but not limited to any warranties for merchantability or fitness for a particular purpose. DPA MAKES NO WARRANTY AS TO ANY RESULTS TO BE ATTAINED BY YOU BY RECEIVING THE TRAINING SERVICES, ATTENDING THE CLASSES, RECEVING CERTIFICATION OR USING THE MATERIALS PROVIDED TO YOU HEREUNDER. YOU ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULT USING THE TECHNIQUES AND IDEAS PROVIDED TO YOU UNDER THIS AGREEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE TRAINING SERVICES.

OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE TRAINING. IN NO EVENT SHALL DPA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE TRAINING SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THIS LIMITATION OF LIABILITY OF EXCLUSION OF WARRANTY IS NOT ENFORCEABLE FOR ANY REASON, DPA’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGE SHALL BE LIMITED TO THE LESSER OF (A) A REFUND OF THE AMOUNT PAID FOR THE TRAINING SERVICES, OR (B) $100.

7. Indemnification: You agree to indemnify, defend and hold harmless DPA and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable lawyer’ fees, sustained by the Indemnified Parties in connection with any claim arising out of your use of the Training Services, or any breach by you of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. DPA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

8. Payment, Pricing and Refund: Prices will be those in effect on the date you enter into this Agreement and order the Training Services, as outlined within the registration portal on the DPA Website. Prices are in USD and do not include applicable taxes (Province of Ontario) or any expenses you may incur to access the Training Services (e.g. internet access fees). DPA reserves the right to increase prices at any time without notice. DPA will not be responsible for any refunds for Training Services except as specifically set out in this Agreement.

DPA may cancel the Training Services if minimum enrollment requirements are not met, the instructors are not able to attend, there are technical difficulties or for any other reason, including Covid-19 related limitations or lock-downs. In such a case, DPA will make reasonable efforts to refund your fees for the Training Services, or reschedule the training, to be determined by DPA in its sole discretion. DPA will only be responsible to you for refunding your fees. DPA reserves the right to cancel this Agreement if your payment has not been received prior to the commencement of the initial sessions (provided you have not made alternative arrangements with DPA).

9. Termination: This Agreement shall terminate upon completion of the Training Services or upon cancellation in accordance with this Agreement. The termination of this Agreement does not relieve you from complying with provisions of this Agreement contemplated to survive the completion of the Training Services (e.g. the Confidentiality provisions set out in Section 5).

10. General:

a. Relationship of the Parties: This Agreement is not intended to create a principal/agent, employer/employee, partnership, or joint venture between you and DPA.

b. Law and Jurisdiction: This Agreement shall be governed by the laws of Ontario, Canada. You agree that any action or dispute between the parties will be resolved exclusively by arbitration in the Province of Ontario, Canada.

c. Severability: The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions.

d. Force Majeure: Neither party shall be liable for any loss, damage, cost, delay, or failure to perform in whole or in part resulting from causes beyond such party's reasonable control, including but not limited to, acts of God, fires, strikes, threats of terrorism, insurrections, riots, or requirements of any governmental authority.

e. No Benefit to Third Parties: The rights and privileges afforded by this Agreement are solely for the benefit of the parties to this Agreement and in no circumstances shall any other person, except as agreed to in writing by the parties, have any rights or privileges or be entitled to any benefits under this Agreement.

f. Prior Agreements: This Agreement constitutes the full and entire understanding and agreement between the parties and supersedes any and all prior written or oral agreements, understandings, representations and warranties made with respect thereto, including any statements, warranties of information as contained within the website for DPA, as related to the IAT Training Program.

g. Acceptance: This Agreement shall be accepted and treated as if it was signed with an original signature, upon your acceptance of this Agreement when you registered for the DPA IAT Program. Upon acceptance of this Agreement, you also agree to the terms and conditions of the DPA website, available at https://university.personaldevelopmentschool.com/pages/terms. In the event of a conflict between the terms and conditions of the website and this Agreement, this Agreement shall prevail.