Website and Course Disclaimer

(1)Introduction

This Disclaimer governs your use of our website; by using our website, you accept this Disclaimer in full. If you disagree with any part of this Disclaimer, you must not use our website. Additionally, this Disclaimer covers all aspects of the educational courses for the Therapist Certification Association (TCA), including the Addictions Therapy Training Institute (ATTI) and the Sex Therapy Training Institute (STTI) as taught by Dr. Carol Clark or any presenter designated by her.

(2)Credit

This document was prepared by our legal counsel; it is a binding agreement by you and our website. Your usage of our website confirms you have read and agreed to be bound by the terms of this Disclaimer.

(3)Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

(4)Links are not an endorsement

Any link to an external website is for your general reference and is not meant in any manner to be an endorsement or specific referral; to the contrary, we specifically disclaim any endorsement, guarantee, or otherwise to any external link, professional, reference, or otherwise. Your use of such link or service therefrom is done by you solely of your own accord without any endorsement, referral or liability on our part.

(5)Licence to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You must not:

(a)republish material from this website including republication on another website;

(b)sell, rent or otherwise sub-license material from the website;

(c)show any material from the website in public;

[(d)reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

[(e)edit or otherwise modify any material on the website; or

[(f)redistribute material from this website.

(6)Limitation and exclusion of warranties and liability

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

Nothing in this Disclaimer will:(a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this Disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Disclaimer or in relation to the subject matter of this Disclaimer, including liabilities arising in contract, in tort, including negligence, and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including, without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(7)Educational Course Requirements

By enrolling and participating in any educational course offered by Dr. Carol Clark, you agree that she only represents that she will provide you with the material and information necessary to satisfy the course requirements for either the TCA, ATTI or STTI programs, for any of the certifications offered by Dr. Clark, or for the Continuing Education credits for those Boards of which Dr. Carol Clark is a provider. THIS IS NOT A GUARANTEE THAT YOU WILL PASS THE LICENSING REQUIREMENTS OF THE STATE OF FLORIDA OR ANY GOVERNMENTAL OR OVERSIGHT ORGANIZATION. You must ensure you that you meet all other licensing requirements to qualify to become licensed. Your failure to pass a licensing examination or to fulfil any other licensing or certification requirement is beyond the control, fault or cause of Dr. Carol Clark. You agree to fully release and waive any and all claims against Dr. Carol Clark and all of her companies or organizations relating to your failure to become licensed or to pass any of the requirements to become a Certified Addiction Professional, Certified Sex Therapist, Certified Clinical Sexologist, Certified Human Sexuality Professional, Certified Sex Addiction Counselor, Certified Transgender Care Therapist, Certified Transgender Care Professional, and Certified Transgender Care Specialist. This waiver is intentional, knowing and voluntary and done on your behalf without any undue duress or influence by Dr. Carol Clark or any agent, representative or Counsel of Dr. Carol L. Clark, P.A..

(8)Variation

We may revise this Disclaimer from time to time. The revised Disclaimer will apply to the use of our website from the date of the publication of the revised Disclaimer on our website.

(9)Entire agreement

Subject to the third paragraph of Section [5], this Disclaimer constitutes the entire agreement between you and us in relation to your use of our website and supersedes all previous agreements in respect of your use of our website.

(10)Law and jurisdiction

This Disclaimer will be governed by and construed in accordance with Florida law, and any disputes relating to this Disclaimer will be subject to the exclusive jurisdiction of the circuit courts of Miami-Dade County, Florida.

(11)Registrations and authorisations

Dr. Carol Clark is licensed and governed by the Department of Health, Division of Medical Quality Assurance, for the State of Florida.

(12) Unenforceable provisions

If any provision of this website Disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website Disclaimer.

(13) Waiver of Jury Trial

THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT WHICH ANY PARTY MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY PROCEEDING, LITIGATION OR COUNTERCLAIM BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. IF THE SUBJECT MATTER OF ANY LAWSUIT IS ONE IN WHICH THE WAIVER OF JURY TRIAL IS PROHIBITED, NO PARTY TO THIS AGREEMENT SHALL PRESENT AS A NON-COMPULSORY COUNTERCLAIM IN ANY SUCH LAWSUIT ANY CLAIM BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHERMORE, NO PARTY TO THIS AGREEMENT SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.