MEMBERSHIP TERMS OF USE

By checking the software box to accept this Membership Terms of Use agreement, and when you become the purchaser of the Simply ADHD Membership as outlined below (hereinafter “Member”), agree and willingly purchase entry into this training Program (hereinafter referred to as “Program”), to be provided with services rendered by Lisa Smith (hereinafter “Instructor”) acting as part of Simply ADHD, Doing Business As ADHD On Schedule, Inc., a New York Corporation (hereinafter referred to as “Company”), you agree you are voluntarily entering into a legally binding Agreement with Instructor and Company, including the automatic renewal terms and inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of $25.00 per month/$250.00 per year (if paid annually), Member has agreed to purchase a subscription to the Simply ADHD Membership Site as a Founding Member (hereinafter “Membership Site”). In exchange, Instructor, through the  Company, agrees to provide services and/or information regarding ADHD as Instructor deems appropriate and beneficial to the Membership.

1. Membership Site Outline:
2. Member agrees and understands that he/she is purchasing a monthly subscription to the Membership Site, which provides educational information for parents of children diagnosed by their physician as a person with ADHD.
3. Member acknowledges that he/she has conducted any additional research necessary to feel he/she understands what is being provided in Membership Site as well as what is not included. Member agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on the Company’s primary website.
4. Membership Site is not to be considered a substitute for therapy or medical treatment. While Instructor has training as an occupational therapist, Instructor is not able to nor will she provide any sort of therapy, occupational therapy, medical treatments, medications, or other services that are completed by a medical professional. Membership Site is not designed to treat any mental, emotional, or other medical conditions. If you as the Member believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Instructor and/or company is not right for you. By accepting this Agreement, you confirm you are not looking for medical treatment, understand the difference between Instruction and treatment, and do not expect Instructor to provide any services other than that delivered as a part of the membership.

2. Confidentiality
3. Member understands he or she is purchasing a monthly subscription to the Membership Site with Instructor. Following Member’s access to Membership Site, Member will have gained access to various trade secrets and personal intellectual property of Instructor, including but not limited to materials such as verbal advice, mindset guidance, and/or other information that may have become available for use through Member’s participation in the Membership Site. Member understands and acknowledges that this information is not to be openly shared with others who have not participated in Instructor’s Membership Site. Member agrees not to share, copy, or distribute any documents or other proprietary information obtained through Membership Site, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own Instruction business without express written permission of Instructor. Member also understands and agrees he/she will not disclose or share any information provided to Member during Instruction sessions, discussions, or other resources delivered through membership access.
4. Should Member breach this provision and disclose confidential or proprietary information belonging to Instructor or another participating in the Membership Site, Member understands additional action may be taken by Company up to and including legal action.

3. Testimonials

Instructor may request Member provide a testimonial to be published on Instructor’s website, or on various sales materials for this or another Program created by Instructor. Member understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Member. There will be no ramifications or change in relationship between Instructor/Company and Member if Member refuses testimonial.

1. If Member accepts and provides Instructor with a testimonial, Member understands the material, along with a photo of Member, will likely be published on Instructor’s website or otherwise. Should Member agree to provide a testimonial, Member will agree to review and sign an additional Release confirming same, and confirming Instructor’s rights to use Member’s testimonial. No payment or additional services will be provided in return for Testimonial, and Member understands he or she is granting Instructor an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Instructor as part of a Testimonial.

4. Payment and Payment Plans
5. Member understands the cost of the Membership Site is nineteen dollars per month or two-hundred and nine dollars per month if paid annually. ($25.00 per month/$250.00 per year if paid annually), which is payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Member understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Instructor’s website or a designated third party payment processor of Instructor’s choosing.
6. Should Member fail to make timely payments, or if additional payments are not able to be processed, Member understands: (1) Member’s access to Membership Site may be forfeited if payment is not made.
7. Instructor reserves the right to cancel Member’s access to Membership Site should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Member understands he or she is not entitled to a refund of funds already issued to Company for access to Membership.

5. Auto-Renewal
6. Member understands and agrees that continued access to Membership Site requires recurring monthly payments of $25.00 or $250.00 (if paid annually) that will be made by Member on the date membership was purchased each month. By purchasing access to the Membership Site, and agreeing to these Terms of Use, Member understands he/she will be automatically charged each month, in the amount of $25.00 if paid monthly or $250.00 if paid annually. via the same card or manner in which the initial payment was made, for the following month of membership to Membership Site. This process will repeat each month or on an annual basis unless and until Member cancels his or her membership per the cancellation clause.
7. CANCELLATION POLICY: If Member wishes to cancel his or her membership, Member must do so more than 48 hours before the next charge is scheduled to withdraw. Any requests for CANCELLATION made less than 48 hours before the automatic renewal is scheduled to charge Member’s card, or made subsequent to the charge, will take effect the following month.
   1. HOW TO CANCEL: In order to cancel a membership, Member may cancel in the membership site or send an e-mail to [email protected]  with the subject line MEMBERSHIP CANCELLATION, including the Member’s name, email address, and confirmation of request to terminate his or her membership. Member will be notified upon Instructor’s receipt of email, and his or her membership will subsequently be cancelled prior to the following billing period, assuming it is more than 48 hours in advance.
   2. As outlined above, if Member cancels his or her membership less than 48 hours before the automatic renewal is scheduled to charge Member’s card, Member acknowledges and agrees he or she will be charged for the next period (Monthly/Annual), and the CANCELLATION will take effect following this subsequent term. Should this occur, Member will have access to Membership Site for the term in which Member paid, with membership terminating at the end of the last paid period.

By confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the CANCELLATION policy, and that you understand how to cancel before your card is charged for the following month/year.

6. Refund Policy

1. Company will not offer refunds once Member has purchased access to the Membership Site. If Member is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELLATION POLICY outlined above and will not be charged for subsequent months/year per the policy.
2. Member further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situation does not result in entitlement to a refund for past access as a member.

7. Technology
8. Instructor is not responsible for any specific technology Member may need in order to adequately view and utilize Membership Site. Member’s inability to access Membership Site due to a technology issue on Member’s end does not qualify Member for a refund, nor does it alleviate Member of his or her responsibility to make monthly payments, unless or until Member’s membership is properly cancelled in accordance with the CANCELLATION policy.

8. Medical Disclaimer
9. Membership Site and content contained within the Membership Site is not to be considered therapy or counseling, medical treatment or advice, and nothing within the Membership Site is intended to provide or act as a substitute for mental health.
10. Member understands and agrees that Membership Site offers instructional services in the field of ADHD. There are no therapy, treatment, or medical-based elements to Membership Site, and it is not meant for those who are in need of (or think they may be in need of) medical services. Instructor is not attempting nor suggesting Member enroll in Membership Site in place of a personalized consultation with a medical professional.
11. Instructor encourages Member to consult a physician if he/she suspects he/she may benefit from such services. Company will assume that all individuals choosing to purchase Membership Site will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the Membership offered is right for them. Nothing contained within the Membership Site is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

9. Voluntary Participation
10. Member understands and agrees that he/she is voluntarily choosing to enroll in Membership Site and is solely responsible for any outcomes or results. While Instructor believes in her services and that Membership Site is able to help many people, Member acknowledges and agrees that neither Instructor nor Company is responsible, nor liable to Member should Member sustain any injuries, incur harm, or encounter any negative ramifications. Member agrees that he/she is fully responsible for his/her health and well-being, including participation in Membership Site and any results obtained.

10. No Guarantees
11. Instructor cannot guarantee results from any of the content on Membership Site, and cannot make any representations or guarantees regarding individual results. Member will hold Instructor (Simply ADHD / Company) harmless if he or she does not experience the desired results.
12. Member understands that all services provided by Instructor (Simply ADHD / Company) in connection with the Membership being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non- infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Member is choosing to purchase access to Membership Site and work with Instructor on a purely voluntary basis and does not hold Instructor or Company responsible should Member become dissatisfied with any portion of the Membership Site or information contained therein.
13. Member agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership Site, as long as Instructor delivers the Membership Site as described.

11. Intellectual Property
12. Member agrees and understands that Instructor has created numerous original, creative works in connection with the Membership Site, and agrees that Instructor maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, whether created prior to working with Member or specifically for Member, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Instructor. Member agrees he or she must be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Instructor. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Instructor to Member, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Membership.
13. Member agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Instructor or obtained through working with Instructor, without Instructor’s express written consent. If such behavior is discovered or suspected, Instructor reserves the right to immediately end Member’s participation in the Membership Site without refund, as well as access to any Membership Site or materials Member may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
14. Member Rights: Instructor’s limited license to Member: Member understands that in purchasing the Membership, she/he is gaining access to view all content and information available as part of the Membership Site. Member understands this means he/she will have been granted a limited, revocable, non- transferrable license to use the information provided as instructed or allowed by Instructor. Member understands and agrees that Member will not:
    1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Instructor;
    2. Post, distribute, copy, steal or otherwise use any portion of the Membership Site or its content, or information obtained via other members in the group Membership Site without written permission by Instructor, and understand that any such use may constitute infringement, which may give rise to a cause of action against Member.
    3. Claim any content created by Instructor as part of the Membership Site or otherwise given to Member is his/her own, meaning he/she cannot claim any content created by Instructor was Member’s work, and use in his/her business as his/her own.
    4. Share purchased materials, information, content with others who have not purchased.

Member further acknowledges and understands that any such actions including but not limited to those outlined above constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws. Member also acknowledges that the Instructor/Company Intellectual Property remains with the Company in perpetuity even after the Member is no longer a Member.

12. No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

13. Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to cancel Membership and discontinue using the Program.

14. Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Rochester, New York. You further agree to, and do hereby waive, any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

16. Termination and Access Restriction

The Company reserves the right, in its sole discretion, to terminate Member access to the Program and the related services or any portion thereof at any time, if Member becomes disruptive to the Company or other Program participants, if Member fails to follow the Program guidelines, or if Member otherwise violates this Agreement. Member shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

17. Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between Member and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Member and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

18. Severability 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

19. Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

20. Force Majeure

The Company shall not be liable or responsible to Member, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

21. Effective Date

This Agreement shall commence and be enforceable with respect to each Member and Company upon the date that the Member initially registers for the Program via the appropriate Company website.