LEARNING PROGRAM TERMS OF USE AGREEMENT

By completing your registration to become a user of learning.simplepractice.com and the SimplePractice Learning program (the “SP Learning program”), you  (the "User", “your” or “you”), agree with SimplePractice, LLC (“SimplePractice”) to be bound by the terms and conditions set forth in this agreement. Read this agreement carefully as you will be bound by its terms whenever you use the site. 

SimplePractice grants, and the User hereby accepts, a non-exclusive, non-transferable, revocable license to use the data and documentation contained in the online continuing education courses on the terms and conditions set forth in the Agreement. 

Online registration and use is granted for individual health and wellness professionals or other consumer's personal use only. Certain features of SP Learning program are accessible to registered users only. The rights to register with the SP Learning program and to be issued a User ID or password by the SP Learning program are available only to those individuals who provide to the SP Learning program the requested accurate, complete and current personally identifiable information. You must inform SimplePractice of any changes to or updates of any personally identifiable information that you provide to the SP Learning program by logging into your personal account and making the required changes. You can submit changes or updates to your profile with the SP Learning program by logging into your personal account and making the required changes. SP Learning program reserves the right to deny or revoke issuance of any username or password that the SP Learning program or SimplePractice issues, at any time and without prior notice. 


Course Content 

All course exams and website materials on the SP Learning program sites are the property of SimplePractice or its licensors unless otherwise stated, and is protected by copyright and other intellectual property laws. Upon registration and payment of an applicable exam fee, members receive access to and are granted use of the course materials and exams (“Content”). This use is not a sale. SP Learning program's user database contains a record of courses purchased, course completion data and Certificates of Completion data for no less than five years. Based on requirements stipulated by accreditation organizations, SP Learning program documents a user's participation in courses designated for accreditation. We do not provide or sell this information to any third parties. 

Information received by the User through the SP Learning program sites is to be used solely for individual purposes. NONE of the content of the SP Learning program sites may be:

without the prior written consent of SimplePractice, 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:

For information obtained from SimplePractice, LLC sources or databases: 

Copyright © 2018 by SimplePractice, LLC. All rights reserved.

Without the prior written consent of  SimplePractice, 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 non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of  SimplePractice, which permission may be withheld in  SimplePractice's sole discretion. 

Notwithstanding anything stated to the contrary, SimplePractice makes No Representations or Warranties Regarding the Content or the Merchandise. The Content is being provided to you on an "as-is" basis. SimplePractice 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 Merchandise. 

SimplePractice makes no representation, warranty or guarantee that SP Learning program or the Content is free of infection from any 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. 


Privacy (for additional information, see https://www.simplepractice.com/privacy/)

SP Learning program does not share any information about users with any outside parties except what is required to maintain the site's accreditation. Such information to be shared, for example, would be the subscribers' professional license number to validate that the proper identified individual is receiving accreditation for courses completed. 


Limitations on SimplePractice’s Liability 

SimplePractice shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) SimplePractice’s or its instructors or licensors breach or violation of the terms and conditions of this Agreement; (ii) your access and use of SP Learning program and the access and use of SP Learning program under any Username or Password issued to you by SP Learning program; (iii) your inability to access or use SP Learning program or any Username or Password issued to you by SP Learning program; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content. Use of the Content is at your sole risk. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above limitations on SimplePractice's liability may not apply to you, and you may have additional rights.


Your Indemnification of SimplePractice 

User shall defend, indemnify and hold harmless SimplePractice and its officers, directors, shareholders, employees, independent contractors, instructors, licensors, agents, representatives and affiliates 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 personally identifiable information requested pursuant to registration; (iii) your access to, reliance on or use of SP Learning program; (iv) your access or use of SP Learning program under any username or password that may be issued to you by SP Learning program; and/or (v) 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. 


Amendments of this Agreement 

SimplePractice reserves the right to amend this Agreement at any time in its sole discretion and without notice. Your right to access and use of SP Learning program is subject only to our most current Terms of Use Agreement. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on learning.simplepractice.com

You are advised and encouraged to visit learning.simplepractice.com on a regular basis to review our most current Terms of Use Agreement, and review any changes that may have been made. Unless you elect to opt-out of this Agreement, you agree to be bound by our most current Terms of Use Agreement, including any changes that have been made. 

If at any time you wish to opt-out of this Agreement, please contact the SP Learning program via our contact webpage info at learning.simplepractice.com. However, keep in mind that your opting-out of this Agreement cancels your ability to access and use SP Learning program in any way, including the ability to access completion certificates for any previously-completed courses. 


SimplePractice’s Remedies 

You acknowledge that SimplePractice 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, SimplePractice 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 damage 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 shall be brought in the courts of record in Santa Monica, California. 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. 


Termination of this Agreement 

You may terminate or opt out of this Agreement at any time by contacting SP Learning program via our contact webpage at learning.simplepractice.com. SimplePractice may terminate this Agreement at any time at its sole discretion including without limitation as a result of you violating the terms of this Agreement or otherwise. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use SP Learning program. Following your termination or opting out of this Agreement, the provisions of this Agreement regarding "Limitations of SP Learning program's Liability", "Your Indemnification of SP Learning program", "Governing Law and Arbitration", and "Miscellaneous" shall survive. SP Learning program may terminate this Agreement or any Usernames or Passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason. 


Governing Law and Arbitration 

This Agreement is to be governed and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Santa Monica, California. 

The arbitrator shall be selected by you and SimplePractice, and if you and SimplePractice are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and SimplePractice and your and SimplePractice's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you be entitled to punitive, special, indirect or consequential damages and both you hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. 

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. 

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by SimplePractice from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. 

This Agreement represents the entire understanding and agreement between you and SimplePractice regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same. 


Collection and Use of Personal Information 

The SP Learning program collects personal information about our members and other customers. This information includes, but is not limited to, first name, last name, mailing address, email, and phone number. This information is used to provide customers with goods and services, including without limitation event notifications, certification, and more. SimplePractice does not sell personal information to anyone and only shares it with third parties who are facilitating the delivery of our services, including relevant CE approval/accreditation bodies. 


Access to Your Information 

Certain tools and settings are provided to help you access, correct, delete, or modify your personal information. We welcome you to contact us regarding the information we have collected about you, including the nature and accuracy of the data collected about you, to request an update, modification, or deletion of your information, to opt-out of certain services, or to withdraw any consent you may have granted. Please note that if you choose to delete your information or opt-out of the collection and use of your information, certain features may no longer be available to you. 


Purposes for Processing Your Data 

As explained above, we process your data to provide you with the goods or services you have requested or purchased from us, including membership services, CE courses, publications and other content, certification, and training. SimplePractice uses this information to refine our goods and services to better tailor them to your needs and to communicate with you about other services we offer that may assist you in your career or otherwise help you to advance your career.