Terms and Conditions

These Terms and Conditions (Terms) govern your use of this Site, as well as Kelly Smyth-Dent Counseling's services, and form a binding contractual agreement between you and us.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.​

ACCEPTANCE OF TERMS

  1. By accessing our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

  2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

 

GENERAL DISCLAIMER

  1. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

  2. You acknowledge and agree that Kelly Smyth-Dent Counseling PLLC, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses or difficulties that may arise out of any business or personal decision made by you at any time.

 

RESULTS AND OUTCOMES DISCLAIMER

  1. Kelly Smyth-Dent Counseling PLLC does not make any guarantees about your ability to get results or achieve any specific outcome with our services, ideas, information, tools, training or strategies. You acknowledge and agree there is no guarantee that you will earn any money or receive a specific outcome as a result of our ideas, information, tools, training or strategies.

  2. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts, or of published research results, and should not be considered as promises for actual or future performance.

REGISTERING YOUR DETAILS 

  1. If you are a registered user or member to Simple Practice, you acknowledge and agree that:

    1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

    2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

    3. You will immediately change your Password if it is lost or becomes known to any other person;

    4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and

    5. Any information you provide to us for posting or inclusion in our Scaling Up Community, at any time, becomes our property.

    6. To the extent that you provide personal information, Scaling Up will treat such information strictly in accordance with its Privacy Policy.

  

COPYRIGHT AND TRADE MARK NOTICES 

  1. All material on this Site, or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business or personal use, you must obtain our prior written permission if you’d like to use or copy Our Content for any other purpose.

  2. The trademarks, logos, and service marks displayed on our Site are the trademarks of Kelly Smyth-Dent Counseling PLLC.

  3. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Kelly Smyth-Dent Counseling PLLC will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

 

EDUCATION, TRAINING, CONSULTATION AND THERAPY GROUPS

For the purpose of the paragraphs below, workshops, trainings, coaching, consultation other presentations, retreats or services hosted by Kelly Smyth-Dent Counseling PLLC will be referred to as ‘Events’.

  1. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.

  2. Kelly Smyth-Dent Counseling PLLC reserves the right to exclude you from any Event should you, in Kelly Smyth-Dent Counseling PLLC’s sole determination, become disruptive.

  3. You understand and acknowledge that Kelly Smyth-Dent Counseling PLLC and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Kelly Smyth-Dent Counseling PLLC. You hereby waive any and all legal rights you may have against Kelly Smyth-Dent Counseling PLLC in respect of Recordings of your participation in the event and grant to Kelly Smyth-Dent Counseling PLLC the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in color or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

  4. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

  5. You hereby release, discharge and agree to hold harmless Kelly Smyth-Dent Counseling PLLC from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

  6. In the unlikely event that Kelly Smyth-Dent Counseling PLLC cancels an Event, you will receive a full refund of the purchase price paid for the Event. Kelly Smyth-Dent Counseling PLLC will not reimburse any additional expenses including but not limited to flights and accommodation.

 

LIABILITY IS LIMITED 

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon this Site, or Our Content. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

  1. Reliance on the completeness, accuracy, or suitability of information irrespective of any verifying measures taken by us (including third party material and advertisements);

  2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

  3. Accessing websites or servers maintained by other organizations through links on our Site;

  4. The use of financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

 

YOUR INDEMNITY

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site.

 

APPLICABLE LAW

  1. These Terms shall be construed in accordance with and governed by the laws of the the state of Nevada and the United States of America. You consent to the exclusive jurisdiction of the courts in the state of Nevada and the United States of America to determine any matter or dispute which arises between us.

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