DISCLAIMER AND TERMS OF USE AGREEMENT

PLEASE READ THIS DISCLAIMER AND TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE.

By clicking on the checkbox next to the paragraph that includes the words “I have read and agreed to the Privacy Policy and the Disclaimer And Terms Of Use Agreementor otherwise utilizing the site, you (“user” or “you”) hereby agree to be legally bound by this agreement which incorporates by reference the privacy policy and the disclosure agreement posted on the site, as these documents are amended from time to time.  If this agreement is not acceptable and you are unwilling to be bound by it, please do not click on the above referenced checkbox or otherwise use the site or enter any information about yourself or transact any business through this site.

Psy Tech, Inc. (referred to as “we” or “us”) is the owner and operator of this website and the Materials (as defined below) sold thereon.

The Materials.

The "Materials" shall constitute any and all products, electronic downloads, website content, audios, videos, articles, blog posts, and/or anything and everything else available for your consumption through this site.  For the sake of convenience, the Materials shall ALSO refer to services advertised on (or otherwise made available) through this website.

Eligibility and user’s warranties and representations.

We intend that this website and the Materials be used by adults (at least 18 years of age) only and users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.

Fraud.

Without limiting any other remedies, we may suspend or terminate your account and/or your right to utilize the website if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.

Links to third party websites.

We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this agreement does not apply to your use of unaffiliated sites to which this site only provides links. we do however use affiliate tracking links whenever they are available in order that we might be compensated for our time and effort in identifying related sites. As such you should not rely entirely on our endorsement when making purchase decisions on third party websites, In the event it is explicitly made, as we may have a financial relationship with these sites.

User’s information.

"User’s Information" is defined as any information or other material you provide to us or others in connection with the website. except as otherwise provided in the privacy policy, You are solely responsible for user’s information, and we act as a passive conduit for the online distribution of user’s information. We reserve, however, the right to modify or remove from the website, all or any portion of user’s information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit user’s information or other Materials for any other reason consistent with the purposes of this agreement or the website.

This site requires both cookies and javascript to be enabled in order to function appropriately, and by using it, you are giving Psy Tech inc. permission to collect and store information about you via the use of cookies, javascript, and other technologies and programming languages.  You may easily erase all cookies stored by this site at any time by accessing the cookies section in your browser.  For instructions, see this Google Search and/or read the Privacy Policy.

Access and Interference.

Use of the site, Materials and/or services. The contents of this website and the Materials are protected by copyright, trademark and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license to access and make personal use of the (i) website in order to obtain information about, and/or to purchase the Materials offered on the website and (ii) the Materials. This license does not include any resale or commercial use of this website or its contents or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or Materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Breach.

Without limiting other rights or remedies set forth in this agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy.

Our current privacy policy is available on the website and is incorporated in this agreement by reference. We may change our privacy policy from time to time, as stated therein. We are the owner, distributor and publisher of any and all products described on this site unless otherwise specifically noted, as well as the content of this site (the Materials) and have used reasonable efforts in preparing these Materials. We make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of these Materials. The information contained in these Materials are strictly for educational purposes. therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions.

Certification.

You acknowledge and agree that the Certification we provide to students in the coaching industry is not associated with any laws, governing bodies, universities, colleges, accreditations, institutes, and/or any other officially recognized entity.  Nor does enrollment in and/or completion of our programs does not entitle you to use the resources of any university, college, accredited institute, and/or any other officially recognized entity.  Certification only represents our endorsement that you have completed our program to our satisfaction.  You also acknowledge and agree that while we may make an attempt to outline guidelines and criteria for completing our certification program to our satisfaction, the final determination of whether to certify you is left solely to our judgment, and said judgment need not meet any objective criteria.  You agree we may decide you are not a good fit for the program and terminate your status as a certification candidate and/or student at any time for any reason. Further, even after you are certified, you acknowledge and agree we may invalidate and revoke your certification if we find you have violated any moral, ethical, or best practice standards as described in our Code of Ethics.

Offensive material.  you may not post any material or information on this website that is false, misleading, derogatory, defamatory, obscene, harassing, violative of the law or anyone's rights or which we deem offensive.

The content of this site and the Materials, as well as the services advertised herein are not intended to be a substitute for professional financial, business, medical and/or psychological advice, diagnosis and/or treatment. Always seek out a qualified and licensed professional for questions you have regarding any financial, business, medical, or health condition. The content on this site and Materials and services advertised hereon are for informational purposes only. You should not rely on the information or Materials or services advertised on this site and should seek the advice of an appropriately licensed practitioner regarding the regimen or treatment that may be right for your situation.

Many factors will be important in determining your actual results. No guarantees are made that you will achieve any results from the ideas and techniques in the Materials or services advertised on this website. In particular, we do not guarantee any amount of clicks, leads, coaching and/or consulting clients, and/or business, financial loss or gain, and/or other psychological, medical, physical, and/or financial improvements. This is true even, and especially given the fact Psy Tech Inc.'s owners, coaches, and trainers may hold a professional license in relevant fields.  if you have not specifically contracted with these professionals for professional services under their license, then no professional relationship and/or warrantee exists.  (Further, you recognize and agree that nothing on this site constitutes an offer of services covered by any professional license.  This site is about coaching, not psychotherapy, psychiatry, or associated services)

We expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose in connection with the Materials and/or this website and/or the services advertised hereon or your use of same. We do not warrant that this website, its servers, and/or e-mail sent from the site are free of viruses or other harmful components.

We shall in no event be held liable to you or any other party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, the Materials, and/or website and/or the services advertised on this website, all of  which are provided “as is”, and without warranties.  (THIS SPECIFICALLY INCLUDES THE COACH CERTIFICATION AND TRAINING PROGRAMS, BUT ALSO ALL COACHING AND/OR OTHER SERVICES WE PROVIDE)

Our liability, and the liability of our affiliates, or any of our officers, directors, employees, agents, contractors or suppliers, to you or any third parties in any circumstance is limited to the purchase price paid by you for the Materials or for use of this website or any services advertised thereon.

The above applies equally to coaching and consulting services, which are specifically not represented as psychological, psychiatric, medical, and/or professional counseling, and/or professional financial advice and/or professional business advice. if you choose to utilize our coaching and/or consulting services you acknowledge that you will not do so in lieu of necessary psychological, psychiatric, medical, and/or financial, and/or business counseling. You also acknowledge that we are unable and unfit to provide emergency services in our assigned capacity via the products and services offered on this website. In the event of an emergency you agree to call 911 or the most appropriate emergency service in your local area.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this website or the Materials.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

DMCA policy - our DMCA policy is incorporated herein by reference and linked to at the beginning of this paragraph.

Refund Policy.

Anyone who has legally purchased a product or service on our website may request a refund of the product or service during the time period specified on the sales page for that product or service, and subject to the specific terms and refund conditions outlined on the sales page for that product or service.  (Unless otherwise specified on their specific sales pages, services are non-refundable)

In the case of physical products, please notify us via the CONTACT PAGE that you are requesting a refund and will be shipping the product back to us at PO Box 1383, Londonderry, NH 03053, then proceed to do so.  In the case of digital products, please just notify us via the CONTACT PAGE that you are requesting a refund.

Within 6 weeks of receiving the appropriate notice and/or product return above, we will refund 100% of the product costs (not shipping costs) via the original method of payment.  (E.g. we will refund credit card transactions via the same credit card used for payment, we will refund check payments via check, we will refund PayPal transactions via PayPal, etc)

Delivery of Educational, Training, and/or Certification Courses:  You understand and agree that delivery of all of our training programs and service will occur over the course of thirty six months (even if certain elements of any particular course may expire before then), is not complete until the end of this term (even if you have taken a test or been granted a certificate), and that access to training materials may be terminated at our option after the thirty six months have expired.  

Agreement with Our Code of Conduct.

By utilizing this site and/or any of our products and services you explicitly agree that whenever you shall represent yourself as associated in any way with our organization (Psy Tech, Inc., the International Coach Certification Alliance--previously the International Coach Certification Academy--and/or "ICCA", and/or Glenn Livingston) regardless of whether this is as a prospect, student, coach, and/or graduate of our programs and/or consumer of any of our free and/or paid books, recordings, courses, and/or live training programs and/or live certification programs, you will abide and obey the ICCA Code of Ethics.  You also understand and explicitly agree that failure to abide and obey the ICCA Code of Ethics shall be reason for termination from the program without refund, and shall render any certificate received null and void. 

Indemnity.

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this site; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.

Release; Covenant Not to Sue.

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials or your use of this website, or the services advertised herein, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials to you which you paid for). If you are a California resident, you hereby waive California civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Glenn Livingston holds a doctorate in psychology (not medicine).  His public media appearances has accordingly been spread across a wide variety of topics and have not necessarily been in the coaching arena.

Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at PO Box 1383, Londonderry, NH 03053 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. in such case, notice shall be deemed given 3 days after the date of mailing.

Not a School.

The International Coach Certification Alliance, Psy Tech Inc., and/or the Growth Acceleration System are not officially recognized schools by any federal, state, and/or local government, and/or any other binding legal jurisdiction, nor are any of said entities licensed as paraeducators or education administrators in the State of New Hampshire, or any other state in the United States, nor any foreign country. Further clarifying, The International Coach Certification Alliance,  Psy Tech Inc., and/or the Growth Acceleration System are for profit business enterprises, and are not government approved public or private schools or academies regulated by any national, state, or local government, or regulatory agency

Glenn Livingston and/or Sharon Livingston's Direct Teaching and Supervision

You agree Glenn Livingston and/or Sharon Livingston may stop teaching and/or cease conducting the live supervision groups themselves at any time.  You agree and understand alternative coach supervisors may be provided either temporarily and/or permanently in their stead at any time and at the sole discretion of Psy Tech, Inc.

Arbitration.

Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this agreement or your use of the website or the Materials, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of jams which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes.

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

General.

Choice of law, headings and non-waiver. this agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of New Hampshire in the United States, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the federal arbitration act. The parties further agree that this agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of New Hampshire. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

Severability. the invalidity of any portion of this agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this agreement to the full extent permitted by law. accordingly, If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire agreement; amendment. this agreement contains the entire agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. because of changes in internet technology and practices, or other reasons,

This agreement and our security and other policies may change from time to time.  PLEASE CHECK PERIODICALLY AND CONSULT THIS PORTION OF THE WEBSITE TO DETERMINE WHETHER THIS DISCLAIMER AGREEMENT HAS CHANGED.

If you do not agree to all of the changes you may terminate this agreement by written notice to us at any time; you will thereafter cease all use of this website, our services or any online Materials. If you do not so terminate this agreement, you will be deemed to agree to such changes and be bound by same. All changes will be effective for any transactions that take place after the date of the change.

Please consult this portion of the website for important changes to the agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this agreement, you will not use the website. This agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this agreement.

The Materials are © copyrighted by Psy Tech Inc. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.

Psy Tech Incorporated
PO Box 1383, Londonderry, NH 03053-1383
 
 Contact: support@psytechpublishing.com

 Telephone: 516 234 5371
 Facsimile: 516-706-0475