TERMS AND CONDITIONS
Effective date: June 20, 2022
SECTION 1. OVERVIEW
Synaptic Physical Therapy, Inc. and its subsidiaries and affiliates (collectively “Company” "we" or "us") welcome you (“user”). Please READ carefully. Your access and use of this Site (defined below) is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.
The material appearing on the websites www.synapticpt.com and www.synapticacademy.com (the "Site"), is provided as either information about the Company's events, people, Services (defined below), or stories as a platform for online connection and community. The owner of this Site (the Company) and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.
The intention of the information we share and post on the Site, in emails, and on social media is for informational and promotional purposes only. As discussed below, any information by or on this Site, emails, and social media is not intended as representations of every individual's injury or health condition and is not a substitute for health care, medical, or nutritional advice of any kind. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk.
The following terms and conditions form a binding agreement (“Agreement”) between you and Synaptic Physical Therapy, Inc. (“Company”), a company incorporated in California, USA.
SECTION 2. TERM
This Agreement shall be effective immediately upon visiting, using, or interacting with (collectively referred to as “using” or “visiting”) this Site. By using this Site, the user accepts to be bound by the terms included herein and shall remain effective so long as the user avails themself of the Site’s Services.
The Company may change, amend, supplement, modify and/or replace this Agreement at any time. Any changes to this Agreement will be posted on our Site and will be effective when published unless otherwise stated. Your continued use of this Site after any change means you have accepted the changed terms and conditions and will comply with them.
SECTION 3. APPLICABILITY
To use or access our Site and Services, you must be eighteen years or older than the age of majority and must have the ability to enter into this Agreement.
SECTION 4. USE FOR LAWFUL PURPOSES ONLY
All users and visitors must use the Site and its Services for lawful purposes only. You hereby agree to use our Site, content, products, programs, and other Services for legitimate and non-commercial purposes only. You shall not transmit any material through our website which violates or infringes the rights of us or others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which encourages criminal or illegal conduct or that would give rise to civil liability or otherwise violate any law.
SECTION 5. TERMS OF SERVICE
Before Synaptic Physical Therapy, Inc. ("we" or "us") begins providing Services to you, we need to inform you of the different Services we provide.
A. Physical Therapy
“Physical Therapy” services are medically necessary interventions that are provided to address a disability or other physical problems that result from an injury, disease, or other medical condition that we identify through a physical therapy examination. There are some limitations on what physical therapy services we can provide without a physician referral. If you have not received a medical diagnosis by a licensed diagnostician, California Law allows direct access to physical therapy meaning you do not need a referral to see your physical therapist for treatment for up to 45 calendar days or 12 visits, after which time you must be seen by a physician who must approve the plan of care developed by the physical therapist. It is your responsibility to obtain and maintain a current referral during your treatments. If you have not received a medical diagnosis prior to receiving services, you must sign our Direct Physical Therapy Treatment Services Disclosure Statement.
B. Fitness, Wellness, and Coaching
"Fitness,” “Wellness,” and "Coaching" are services designed to optimize your overall health or meet your individual health, fitness, lifestyle, and educational goals but are not medically necessary. You do not need a physician’s referral to participate in wellness, fitness, or coaching services. If during the course of our wellness, fitness, or coaching services with you, you have specific complaints of pain or have a medical condition that requires a more specific therapeutic exercise prescription or intervention, we recommend that you see a licensed physical therapist or your physician for an examination. If you require physical therapy treatment, we can provide those services to you or refer you to another physical therapist who is in-network with your insurance plan. (We are not in-network with any health insurance plans and are not enrolled as a provider in the Medicare program and therefore require payment from you at the time of service.)
C. Mentoring and Consulting
“Mentoring” and “Consulting” are services designed to assist the user in setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, and asking clarifying questions by providing education, models, examples, and in-the-moment skills training. Mentoring and Consulting may address overall goals, specific projects, or general conditions in the user's life or profession but do not provide directive advice, counseling, legal advice, financial advice, or therapy. Additionally, mentoring and consulting services and advice are not intended to substitute for medical advice, a physical therapy treatment, education provided by postsecondary education institutions, or programs by accredited institutions offering professional certifications. Mentoring and Consulting services involve engaging in direct and personal conversations with the user which may include asking explicit questions and making requests. The purpose of these interactions is to assist the user in discovering their own direction. Mentoring and Consulting may offer guidance regarding business decisions but it is the user’s responsibility to make the final decision and choose the best option for themselves.
D. Educational Programs
“Educational Programs” are services designed for educational purposes only and are not intended to provide a medical diagnosis, substitute for medical advice, or teach medically necessary interventions such as physical therapy. Educational Programs may include courses, webinars, e-books, materials, and lectures which may be delivered online or face-to-face in a synchronous, asynchronous, or hybrid format. The Company does not teach the user how to become a physical therapist or how to diagnose, prescribe, treat, rehabilitate, counsel, or provide medically necessary interventions. The Company is not an accredited post-secondary education institution or an institution accredited by NCAA/ISO/IEC or other 3rd party accreditors to offer personal trainer certification. Educational Program services are by no means complete or exhaustive and these services are not intended to represent the best or only information, methods, or skills appropriate for the situations discussed. Rather, the material is intended to present an approach, view, statement, or opinion of the authors or presenters which may be helpful or of interest to you, the user.
E. Online Services
Some of our Services may be available over the internet (for instance, through Zoom.com, Doxy.me, Kajabi.com, Patreon.com, or other applications). When receiving Services over the internet, you are responsible for maintaining the safety of your environment (for instance, clearing your space of trip hazards, removing throw rugs, wearing proper footwear, holding onto a chair and/or standing near a wall if you have trouble with balance, having another person standing by). If any of the Services you will be receiving from us are considered “Physical Therapy” because the services are medically necessary, the services are subject to California Business and Profession Code Section 2290, which defines “Telehealth” as a “mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care while the patient is at the originating site and the health care provider is at a distant site.” (See more at: https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-2290-5.html#sthash.ZI9jXh6g.dpuf) As such, you must consent to receive our physical therapy services through the internet by checking the Consent to Receive Telehealth Services box at the bottom of our physical therapy intake form. Before consenting to receive our Physical Therapy services as telehealth physical therapy, you should know that some interventions cannot be provided through telehealth means and some may result in a better outcome when provided in-person. We consider the complexity of your condition, your knowledge, skills, and abilities, and the nature and complexity of the physical therapy intervention(s) we will be providing and will let you know if you would be best served by in-person examination and/or treatment. If you will be receiving a combination of Physical Therapy and other Services, we may recommend providing some services in person and other services via the internet.
SECTION 6. DISCLAIMERS, WARRANTIES, AND LIABILITIES
A. Assumption of the Risk
If any part of your Services includes general exercise/fitness instruction and advice, you should know that there are risks of embarking on an exercise program, such as muscle soreness or injury. Therefore, you understand that your participation in our Fitness, Wellness, Coaching, Mentoring, and Educational Programs are at your own risk. Prior to participating in our Services, you accept responsibility for obtaining any necessary medical clearance from your physician or other health care providers, especially if you have any medical problems that impair or limit your ability to exercise. You agree that you are responsible for monitoring your body's response to exercise during these Services. You also agree to sit down if you feel you need to, take breaks when you feel you need to, and perform exercises in a seated position if you are uncertain. You also agree that if you have an onset of any symptoms or pain you will stop immediately and consult your physician. We may also refer you to a medical provider of your choice or recommend a physical therapy examination separate from your Fitness, Wellness, Coaching, Mentoring, or Educational Program session if your needs go beyond general fitness, wellness, coaching, mentoring, and education.
B. Privacy and Security
C. Behavior and Etiquette
You agree to be clean and sober when participating in Services with Synaptic Physical Therapy, Inc. You also agree to be kind and courteous and to not participate in hate speech or bullying.
D. Responsibility For Your Own Actions
You acknowledge that you are fully responsible for any actions you do or do not take while interacting with the Site. As a condition of using the Site, you agree you will be fully responsible for any actions or inactions regarding your life or business based on the information you find on the Site. You understand that you may personally consult with a professional before making any significant decisions.
E. No Client Relationship
By accessing and using the Site, there is no client-professional relationship created between you the user and the Company and/or Theresa Najjar. You will only be a client once you enroll in our Fitness, Wellness, Coaching, Mentoring, or Educational Program Service(s) and agree to that Service’s Terms and Conditions by clicking the checkbox on the checkout page or by accessing a free Fitness, Wellness, Coaching, Mentoring, or Educational Program, in which you will officially create a professional-client relationship. By accessing and using the Site, there is no patient-provider relationship created between you the user and the Company and/or Theresa Najjar. You will only become a patient once you complete our patient onboarding process which includes submitting the Company’s medical intake forms and patient consent forms.
F. Advice and Well-Being Disclaimer
Synaptic Physical Therapy, Inc. ("we" or "us") makes every effort to ensure accurate representation of the various injuries, conditions, advice, educational content, and prognosis displayed throughout the Site, our social media, and emails. The content on our site, social media, and emails are for informational, educational, and entertainment purposes only. The information given is not intended as a representation of every individual’s injury or health condition. The information contained on the Site, social media, and emails will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should seek the advice and examination of your registered physician or practitioner as determined by your own judgment. You understand that the information contained on the site, social media, and emails is not a substitute for health care, medical or nutritional advice of any kind, legal advice, financial advice, education provided by postsecondary education institutions, or education provided by accredited institutions offering professional certifications. As with any injury or health condition, each person’s symptoms can vary widely and each person’s recovery can vary depending upon background, genetics, previous medical history, application of exercises, posture, motivation to follow medical advice, and various other factors. It is impossible to give a 100% complete accurate assessment and prognosis without a thorough physical examination and likewise, the advice given for management of an injury or health condition cannot be deemed fully accurate in the absence of this examination from a licensed physical therapist or physician. Significant injury risk is possible if you do not follow due diligence and seek suitable professional advice about your injury or health condition. You understand and agree that you are fully responsible for your mental well-being, including your dietary, mental, and physical choices and decisions. You agree to seek medical advice as determined by your own judgment before taking any action in connection to the information contained on the site, social media, and emails or discontinuing the use of any medications as prescribed by your medical practitioner. We shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided "as is" and without warranties. No guarantees of specific results are expressly made or implied by us or the Site.
G. Earnings, Results, and Testimonials Disclaimer
The following information is disclosed by Synaptic Physical Therapy, Inc. (“we” or “us”) to you in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” Testimonials appearing on this website www.synapticpt.com and www.synapticacademy.com (the “Site”), email communications, and our social media pages are received via text, audio, or video submission. They are individuals’ actual experiences, reflecting the real-life experiences of those who have used our products and/or services. We do not claim that they are typical results that consumers will generally achieve. The earnings, results, and testimonials are not necessarily representative of all of those who will use our products and/or services. We are not responsible for any of the opinions or comments posted on this site or social media. You understand that any testimonials or endorsements (herein “Opinions”) by our customers or audience represented on this Site or social media, or through our products, programs, other websites, content, landing pages, sales pages, or offerings, are solely opinions from individuals. Similarly, any information contained on this Site, emails, social media, and on our other programs, content, and offerings are solely our opinion and therefore, not representations, warranties, or guarantees of any kind.
H. Affiliate Disclaimer
The following information is disclosed by Synaptic Physical Therapy, Inc. (“we” or “us”) to you in accordance with the Federal Trade Commission’s 16 CFR, Part 680 and 698: “Affiliate Marketing Rule.” Sections of the Site may allow you to purchase products and services online provided by other third-party merchants. Some of the links that we post on the Site, emails, and social media pages are “affiliate links.” This means that if you click on the affiliate link and purchase an item through that link, that we will receive an affiliate commission.
We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of the products and services purchased through affiliate links, the information contained on third-party sales pages, or any other third-party links. In addition, the merchant for your purchase will have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their website or on a website that we have posted a link to, the information obtained during your visit to that website or that merchant’s online store, and the information that you submit as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected by that merchant. For more information regarding any merchant, its online store, its privacy policies, or any additional terms and conditions that may apply to your visit to its website, visit that merchant’s website and click on that merchant's relevant pages and their informational links, or contact that merchant directly.
You release us and our affiliates from any damages that you may incur and agree not to assert any claims against them or us in connection with your purchase or your use of any of the products, services, or information contained on sales pages made available to you by third parties through our site. Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and that third party. You agree that we will not be responsible or liable for any loss, damage, or other matter of any sort incurred as the result of any third-party transaction.
California state law allows any person to provide nutritional advice or give advice concerning proper nutrition which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
J. Financial Interest
You understand that Theresa Najjar owns Synaptic Physical Therapy, Inc. and as such has a financial interest in any of Synaptic Physical Therapy, Inc.'s Services, products, and goods. She may receive a portion of the income from Services, products, and goods she sells to you and she may receive an affiliate commission if you purchase products and services offered through affiliate links provided by other third party merchants (see Section 6 Subsection H above).
K. LIMITATION OF LIABILITY
IN NO EVENT WILL THERESA NAJJAR OR SYNAPTIC PHYSICAL THERAPY, INC. OR ITS DIRECTORS, EMPLOYEES, VENDORS, AGENTS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SITE, CONTENT, OR SERVICES EVEN IF YOU HAVE ADVISED US OR WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SYNAPTIC PHYSICAL THERAPY INC.’S AND/OR THERSA NAJJAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
A. Information Collected
- Information in exchange for products or services – From time to time, we ask for personal information, such as names, email addresses, phone numbers, credit card numbers, account information, and/or billing addresses in an exchange for our products, programs, content, gifting or Services.
- Log Files – Modern websites often collect user data in the form of log files. This is a modern way to log when and from where a user enters our website. This data may include information such as internet protocol (IP) addresses, browsers, date and time stamps, referral links through which you entered the Site, demographic information, and the number of clicks a user makes on our Site. This information is separate from the Personal Information described above and does not include information that is personal to you on an individual level. This information is used to track general traffic flow and usage of our Site, in addition to other trends and statistics such as the number of visitors to a certain page on the Site.
- Transaction Information – When you download or purchase a product from our Site, certain information may be collected, such as the date of the purchase and product details. This information is collected and used for internal purposes only, in order to enhance the general user experience. If you purchase one of our products or Services, certain data is required to fulfill your request, such as credit card numbers/expirations/security codes, billing information and addresses, zip/postal codes, and names, which will be processed through a third-party payment program. This information will not be shared intentionally with any party other than the third-party programs responsible for processing your payment and procuring payment to us.
- Third-Party Information – From time to time, we may receive information from third-party programs or plugins, such as but not limited to PayPal, Stripe, Thrive Cart, Kajabi, Patreon, ActiveCampaign, Google, ShowIt, WordPress, MobileMonkey, or through social media platforms.
B. How We Collect Information
Information may be collected in one or more of the following ways:
- Provided by you, the user – Our Site may ask you to input Personal Information from time to time. For instance, we request your email address and name to send you a protected piece of content or may ask for your email address when you have a question relating to customer service or consultations.
- Collected from internet browsers or devices – From time to time, data is collected and sent to us automatically by your web browser or device. Information collected in this category tends to include your IP address, links clicked, pages visited, and timestamps of visits. This information tends not to be personally identifiable.
C. Consent to Collect Information
D. Information Used
By using our website, you hereby agree that any and all information collected may be used for the following purposes:
- To provide content, products, programs, and other Services to you;
- To process and fulfill any purchases or orders, which may include sending emails to you;
- To communicate with you, such as via email, including promotional emails, newsletters, and product attachments;
- To provide customer service and manage individual accounts;
- To provide you with a personalized online experience;
- To grant you access to certain content and Services online;
- To educate us on our user’s tendencies and preferences;
- To fulfill a contract we have with you;
- To optimize our website and our users’ experience;
- To prevent, mitigate, and investigate security breaches;
- To verify or authenticate information;
- To respond to lawful requests from government authorities, if applicable;
- To resolve disputes with users;
- To prevent fraud or security issues;
- To fulfill or enforce our agreements with third-parties;
- To protect our legitimate business interests, which include but are not limited to: i) providing or administering Services to you and our users; ii) maintaining records; iii) analyzing data for business purposes and quality assurance; iv) communicating with you regarding the administration of Services and our obligations associated therewith; v) legal purposes, such as in dispute resolution, litigation, investigations, or regulatory purposes.
E. Information Shared
The Personal Information collected and used may be shared with certain third-parties. Personal Information may be shared in the following ways:
- Service providers – Personal Information may be shared with third-party programs, platforms, and providers in exchange for data, analytics, reports, or confidentiality agreements. Third-party providers include, but are not limited to, the following: website hosts, e-commerce platforms, payment providers and payment processors, website plugins, email servicing programs, marketing consultants, and brand advisors. These third-party providers shall only collect, use, maintain and share your information to the extent that doing so furthers the services they provide to us. Any use beyond that scope shall be deemed an unauthorized use, of which you hereby agree to indemnify us.
- Asset Sale or Transfer – Personal Information may also be shared in the event of a merger, acquisition, asset sale, or other transfer of our business and assets.
- Legal and/or Regulatory Disclosures – Personal Information may also be shared if necessary to further a legal, regulatory, audit, or professional investigation.
The Personal Information that is collected will be stored in a commercially reasonable manner for as long as is necessary to protect our legitimate business interests, and to comply with applicable law. We reserve the right to collect and store your Personal Information to the extent that it is not prohibited by law.
We do not sell or license your Personal Information to third-parties for their own marketing or commercial purposes without your consent.
F. Third-Party Sites + Storage of Information
The Company’s web server may store your personal information when you interact on the Site. The Company will be happy to delete any of your information it holds upon request made by you. Your personal information will be safely disposed of by the Company by deleting it from its possession.
However, data such as personal information collected may not actually be stored on the Site. Any information captured will be processed through third-party websites that the Company may work with, in order to provide you with the best services on the Site. These organizations may collect personal information from you in order to provide you with these services including your name and contact information.
G. Do Not Track Signals
The Company currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
H. Choice And Opt-Out
- Cookies & Behavioral Based Advertising – We may work with third-parties, such as Google and Facebook, for marketing, advertising, and other legitimate business purposes. For information as to how you can opt-out of some of these advertising services, be sure to change your internet browser’s settings to block cookies or ask permission before collecting cookies.
- Email Marketing – We may, from time to time, require your email address and other Personal Information to use our Services. If you do not want us to contact you via email for promotional purposes, account management, updates, or product information, then you can elect not to share your email address with us (although it may nevertheless be necessary to utilize a certain Service). At any time, you may manage your email subscription preferences by contacting us at [email protected] or unsubscribing via the link at the bottom of each email sent by us.
- Google Analytics – In order to opt-out of Google Analytics, you may visit https://tools.google.com/dlpage/gaoptout
- The Site and the Company abide by all relevant United States of America laws in all aspects of our operations. As such, we abide by all the rules of the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act and the Health Insurance Portability and Accountability Act (HIPAA).
I. Security and Indemnification
In order to maintain the security of your Personal Information, we have taken reasonable methods to prevent unauthorized access and maintain the accuracy of all Personal Information collected by our website. Physical and technical methods of protection include limited numbers of internal personnel accessing your Personal Information and password-protecting documents or logs that contain Personal Information.
The transmission of information over the internet is not fully secure. As such, we cannot guarantee that any information you submit to us will be accessible to only us as the intended recipients. Any transmission is at your own risk. However, we do our best to protect your data and any information you provide. Nevertheless, if there is a security breach on behalf of an unauthorized party, you agree to indemnify us and hold us harmless for any and all claims against the unauthorized party.
We strive to prevent the introduction of malware, malicious code, and viruses to our website and our users (collectively referred to as “viruses”). However, due to the inherent nature of the internet, we are unable to guarantee or warrant that our websites, products, content, or other Services are completely free from viruses. As such, we will not be liable for any damages or harm that is attributable to viruses that may arise after the use of our website or Services. It is your responsibility to take reasonable measures to prevent the intrusion of viruses onto your hardware and software, and take appropriate steps to ensure your computer and web browser are not exposed to the risk of interference or damage from viruses.
Your use of the Site, products, programs, and Services is completely voluntary. As such, you shall indemnify us and hold us and our agents and affiliates harmless for any damages or injury that may arise from your use of our website, products, programs, and Services, which include, but are not limited to, issues regarding the confidentiality and security of your Personal Information.
SECTION 8. GOVERNING LAW AND VENUE
SECTION 9. INTELLECTUAL PROPERTY
United States copyright laws protect all materials created by Theresa Najjar and/or the Company on the Site as original works. All materials belong to the Company, including those with the absence of a registered copyright symbol.
B. Intellectual Property Ownership
This Site, content, Services, programs, and products contain intellectual property owned by us and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our Site and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent.
If we have materials on the Site which you can download, a revocable, non-exclusive license is granted for you to download copies of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Share or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
If the Company has reason to believe that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and Services and the Company will seek any and/or all extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
The Company retains the right to ‘Blocklist’ you from accessing all materials, courses, or other products or Services we offer in the event that you do not pay your outstanding balance for any purchases (subject to a separate agreement), dispute your payments, or if you steal any of our intellectual property. You will be removed from the blocklist under the discretion of the Company under the conditions that: (1) the outstanding balance has been paid in full and (2) that you will not be eligible for a refund.
C. Limited License
You acknowledge that any and all products, programs, or Services that you download are for your own personal use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products, programs, or Services that you purchase or download from our Site, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive, and non-transferable license to use the products, programs, and Services for your personal use.
D. Stock Images and Footage, Templates, Music
Stock Image(s) and Footage, Template(s), and Music (as applicable) (collectively “Images”) used by the Site or in our Services, programs, and products are available through creative commons or are used under licenses acquired from third-party vendors such as Shutterstock.com, Microsoft 365, Artlist.io, Powermusic.com, Creativemarket.com, and Canva.com. All Images used by the Company have an irrevocable copyright license to download, copy, distribute, use and modify, including for commercial purposes. Use of said Images is permissible under applicable laws without permission from the photographer/creator or attributing the work to the photographer/creator.
SECTION 10. SPECIFIC PROGRAM TERMS AND CONDITIONS
This Agreement does not cover the purchase or use of our Educational, Fitness, Wellness, or Coaching Programs. The specific Terms & Conditions that you must agree to before purchasing or accessing our Programs can be found here:
- Educational Program Terms and Conditions: https://www.synapticacademy.com/educationalprogramterms
- Fitness, Wellness, or Coaching Program Terms and Conditions: https://www.synapticacademy.com/fitnessprogramterms
Please note, due to the digital nature of our programs, we do not offer refunds for those who do not do their due diligence to ensure the program is the right fit for them. It is the customer’s responsibility to carefully review our sales page and Terms and Conditions before purchasing, using, or accessing any of our products and programs. We do not offer partial refunds for our programs and Services and our exclusive bonuses and course extensions are non-refundable under any circumstances. As such, please be sure to read the program(s) Terms & Conditions (separate agreement noted above) before purchasing.
SECTION 11. MISCELLANEOUS
We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our Site. We will take reasonable efforts to notify you of any changes that are made.
B. Headings & Severability
Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement
These terms and conditions and any other legal notices, policies, and guidelines of the Company linked to these terms and conditions or contained on this Site constitute the entire Agreement between you and the Company relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company.
D. All Rights Reserved
All rights not expressly granted in this Agreement are reserved by us.