LUMATE ACADEMY TERMS AND CONDITIONS

License. Subject to the terms of this Agreement, Lumate grants, and the User hereby accepts, a non-exclusive, non-transferable, revocable license to use the course materials and exams (“Content”) contained Lumate Academy website on the terms and conditions set forth in this Agreement.

Registration Information. Online registration and access to the Content are granted for individual health and wellness professionals or other consumers’ personal, non-commercial use only. Certain features of Lumate Academy are accessible to registered users only. The right to register with Lumate Academy and to be issued a User ID or password are available only to those individuals who provide accurate, complete and current personal or (as applicable) professional information in the registration process. You must inform Lumate of any changes to or updates of any personally identifiable information that you provide to Lumate Academy by logging into your personal account and making the required changes. You can submit changes or updates to your profile with Lumate Academy by logging into your personal account and making the required changes. Lumate reserves the right to deny or revoke issuance of any username or password issued, at any time and without prior notice.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (UNLESS YOU OPT OUT) AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

Course Content & Use. All Content on the Lumate Academy sites is the property of Lumate or its licensors unless otherwise stated, and is protected by copyright and other intellectual property laws. Upon registration and payment of an applicable fee, Users receive access to and are granted a license to use the Content solely for the User’s personal use and at the User’s sole risk.

Accreditation Information. Lumate Academy's user database contains a record of Content purchased, Content Completion data and Certificates of Completion data for no less than five years. Based on requirements stipulated by accreditation organizations, Lumate Academy documents a user's participation in Content designated for accreditation. We do not provide or sell this information to any third parties.

Restrictions on Use. Information received by the User through the Lumate Academy sites is to be used solely for personal purposes and may not be reproduced, transcribed, stored in a retrieval system, translated into any foreign language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise) resold, or redistributed without the prior written consent of Lumate, except that the User may reproduce limited excerpts (as described below) of the data for personal use only, provided that each such copy contains a copyright notice as follows:

    Copyright © 2024 by Lumate Health, Inc. All rights reserved.

Without the prior written consent of Lumate, you may only print, download or otherwise use the Content in the form of:

    (i) one machine-readable copy;

    (ii) one backup copy; and

    (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content.

Except as otherwise permitted under the copyright laws of the United States, no other copying, compilation, distribution, redistribution, transmission, publication or use of the Content, other than the personal, non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Lumate, which permission may be withheld in Lumate's sole discretion.

Warranties and Disclaimers

LUMATE USES COMMERCIALLY REASONABLE EFFORTS TO INCLUDE INFORMATION THAT IS APPOROPRIATE FOR THE PURPOSES OF LUMATE ACADEMY AND OF INTEREST TO ITS USERS.

NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY, LUMATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION. THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. LUMATE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY AND RELIABILITY OF THE CONTENT AND THE OTHER INFORMATION.

LUMATE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY ONLINE CONTENT IS FREE OF VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Limitations on Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LUMATE OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE LUMATE ACADEMY CONTENT (INCLUDING ITS MODIFICATION OR TERMINATION), THIRD PARTY MATERIALS (INCLUDING CONTENT), OR THIS AGREEMENT, WHETHER OR NOT LUMATE HAS BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL LUMATE’S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Use of the Content is at your sole risk. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation will not apply to You.

Your Indemnification of Lumate

User shall defend, indemnify and hold harmless Lumate and its officers, directors, shareholders, employees, independent contractors, instructors, licensors, agents, representatives and affiliates (collectively, “Representatives”) from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal or (as applicable) professional information requested pursuant to registration; or (iii) your use of the Content.

Fees and Refund Policy

Prices are referenced in our catalog and all prices are subject to change without notice. There are no refunds.

Lumate Academy does not share any personal information about users with any outside parties except as required by law or to maintain the site's accreditation. Please refer to https://www.lumatehealth/privacy/ for additional information.

Termination of this Agreement

You may terminate or opt out of this Agreement at any time by contacting Lumate Academy via our contact webpage at https://www.lumatehealth.com/. Lumate may terminate this Agreement or any usernames or passwords, at any time, in its sole discretion, for any reason or no reason. If you are on a transaction plan, termination or opting out of this Agreement by you shall result in your loss of the right to access and use Lumate Academy. If you are on a subscription plan, termination or opting out of this Agreement by you shall result in your loss of the right to access and use the Lumate Academy at the end of your annual subscription.

Lumate’s Remedies

You acknowledge that Lumate may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Lumate shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damages or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought in the courts of record in Baltimore, Maryland. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Dispute Resolution

IN THE EVENT OF A DISPUTE BETWEEN YOU AND LUMATE (INCLUDING ANY DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS DISPUTE RESOLUTION PROVISION), OTHER THAN WITH RESPECT TO CLAIMS FOR INJUNCTIVE RELIEF AND DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, THE DISPUTE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY LUMATE IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH US BY ARBITRATION, AND SUCH NOTICE SHOULD BE DELIVERED BY MAIL TO 822 Guilford Avenue, #1500, Baltimore, MD 21202 WITHIN 30 DAYS OF THE EARLIER OF (A) THE DATE YOU FIRST ACCESS OR USE THE SERVICES; AND (B) THE DATE YOU CLICK OR TAP ANY BUTTON OR BOX MARKED “ACCEPT,” “AGREE,” OR “OK” (OR A SIMILAR TERM) IN CONNECTION WITH THIS AGREEMENT.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://adr.org/sites/default/files/Consumer_Rules_Web_0.pdf as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or Lumate that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude You from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against Lumate for You.

If You opt out of arbitration pursuant to the terms above, then the following jurisdiction and venue provision shall apply: All Disputes arising out of or related to this Agreement for which arbitration does not apply will be subject to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Baltimore, Maryland.

CLASS ACTION WAIVER

YOU AGREE THAT ANY PROCEEDINGS TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE A DISPUTE IN ANY FORUM ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.

Interruption of Service

You are responsible for obtaining, maintaining, and paying for all hardware, software and all telecommunications and other services needed to use Lumate Academy. Lumate may on occasion need to interrupt or suspend the Lumate Academy site and associated Content, with or without prior notice, to protect the integrity or functionality of the site and associated Content or for maintenance purposes. You agree that Lumate is not liable for any interruption or suspension of Lumate Academy and associated Content (whether intentional or not), and You understand that You will not be entitled to any refunds of fees or other compensation for interruption or suspension of service.

Modification of the Service

Lumate reserves the right, upon providing notice to you (via email, through posting on https://www.lumatehealth/) or through any other reasonable means), to add, modify, discontinue or eliminate aspect(s), features or functionality of the Lumate Learning program and Content from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.

Modification of this Agreement

Lumate reserves the right to modify this Agreement at any time upon notification to You. Your right to access and use Lumate Academy is subject only to our most current Agreement. If any future change is unacceptable to You, You should discontinue using Lumate Academy and the Content. Your continued use of Lumate Academy and the Content will always indicate Your acceptance of this agreement and any changes to it.

Miscellaneous

GRIEVANCE PROCEDURES FOR LUMATE HEALTH’S CONTINUING EDUCATION CURRICULUM

Lumate Health, and its training and education department Lumate Academy, is fully committed to conducting all activities in strict conformance with the American Psychological Association's Ethical Principles of Psychologists. Lumate Health will comply with all legal and ethical responsibilities to be non-discriminatory in promotional activities, program content and in the treatment of program participants. The monitoring and assessment of compliance with these standards will be the responsibility of the Program Manager in consultation with the members of the continuing education committee, executive clinical staff, and business leadership.

While Lumate Health goes to great lengths to assure fair treatment for all participants and attempts to anticipate problems, there will be occasional issues which come to the attention of the curriculum planning committee which require intervention and/or action on the part of the training staff or an officer of Lumate Health. This procedural description serves as a guideline for handling such grievances:

1. When a participant, either orally or in written format, files a grievance and expects action on the complaint, the following actions will be taken.
    a. If the grievance concerns a speaker, the content presented by the speaker, or the style of presentation, the individual filing the grievance will be asked to put his/her comments in written format through the online course portal or emailed directly to the CE program manager. The CE program manager will then pass on the comments to the speaker, assuring the confidentiality of the aggrieved individual.

2. If the grievance concerns a workshop offering, its content, level of presentation, or the facilities in which the workshop was offered, the CE program manager will mediate and will be the final arbitrator. If the participant requests action, the program manager will:
    a. attempt to move the participant to another workshop if a suitable alternative is available, or
    b. provide a credit for a subsequent workshop, or
    c. provide a partial or full refund of the workshop fee.

3. If the grievance concerns a pre-recorded webinar or e-course, its content, level of presentation or misrepresentation of course content, the CE program manager will mediate and will be the final arbitrator. If the participant requests action, the program manager will:
    a. attempt to provide the participant with an alternative course if a suitable alternative is available, or
    b. provide a credit for a future training course of similar nature, or
    c. provide a partial or full refund of the online course fee.

Actions 2b, 2c, 3b and 3c will require a written note, documenting the grievance, for record keeping purposes. The note need not be signed by the grieved individual. If the grievance concerns the Lumate Health CE program in a specific regard, the CE Program manager will attempt to arbitrate.

Contact name: Sarah Olivo, Ph.D.

Email: sarah.olivo@lumatehealth.com

Tel: 800-402-8768 x129

If the CE program manager is the source of the grievance, participants can alternatively contact a different program committee member.

Alternate contact name: Muniya Khanna, Ph.D.

Email: muniya.khanna@lumatehealth.com

Tel: 800-402-8768 x114