Terms OF USE, CONDITIONS & DISCLAIMERS
The following terms and condition govern all use of the www.AdvancedMindHealth.ca website and all content, services and products as may be made available at or through this website, including, but not limited to, associated blogs, forums and other digital pages and social media channels hereby collectively referred to as “the Site”.
The Site is owned and operated by Advanced Mind Health and is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating policies (including, without limitation, the Business’s Privacy Policy) that may be published from time to time on the Site or by the Diane Konkin brand.
This is a legally binding agreement. Please read it in full before using the Site website or any associated digital pages or social media channels, and before signing up for any RTT therapy of other services or products as offered at any time by Advanced Mind Health.
This website is made available to you on the following conditions, and you hereby consent to these terms by continuing to use the site. Please read them carefully and, if you disagree with any, navigate away from the site.
By accessing or using any part of this website (www.AdvancedMindHealth.ca), you hereby agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of our Advanced Mind Health services. If these terms and conditions are considered an offer by the Diane Konkin brand or Advanced Mind Health, then your acceptance is limited to these terms. The Site is available only to individuals who are sixteen (16) years and older.
Introduction
This website is owned and operated by Advanced Mind Health (please refer to our Privacy Policy for further clarification), hereinafter referred to as “the Business”, “we” or “us”.
"You”, “yourself” and “your” refers to yourself, the individual reader and user of this website, any associated digital pages and our terms, conditions and disclaimers as well as our Privacy Policy.
“Client” refers only to those who have paid for a Professional-Client Relationship with us (see below for further clarification).
Any use of the above terminology or other words in the singular, plural, capitalization, and/or, he/she or they are taken as interchangeable and therefore as referring to same.
Privacy Policy
To find out more about how we manage the information that we learn about visitors to the Site, please visit our Privacy Policy page.
Your Use of this Site
Your access to and use of this Site as well as all associated digital pages, content, resources and social media channels as operated by the Business at any time (whether now or in the future) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws.
By using this Site and any associated digital pages and/or any of the Business’s social media channels, you signify your understanding and acceptance of, and consent to (without limitation or qualification) all terms, conditions and disclaimers as contained herein and on our Privacy Policy. If you do not agree to these Terms of Use, our Privacy Policy or any of our disclaimers, please do not use this Site or any associated digital pages or social media channels.
By using this Site and/or our associated digital pages and/or our social media channels, you hereby acknowledge that any other agreements between you, the Business or any of its owners, officers, employees or representatives - as well as your use of this Site - are superseded and of no force or effect; and that these Terms of Use now constitute a tacit Agreement (this “Agreement”) between yourself, the Site, Ms Diane Konkin as the current owner, founder and CEO and Advanced Mind Health.
We may revise this Agreement at any time, and the use of the Site after such changes are posted will automatically indicate your agreement to the revised terms and all associated disclaimers hereto. You should visit this page periodically to review this Agreement.
The disclaimers, along with these Terms of Use and our Privacy Policy, governs your access to and use of the Site and all associated digital pages and social media channels, including all content, resources, downloadable material, graphics, software, products, offers, programs and RTT and other therapy services offered on or through www.AdvancedMindHealth.ca (whether as a guest user or as a registered user in Affiliate, Partnership or in Member capacity).
By accessing and using the Site and all associated digital pages and social media channels, and by downloading or purchasing any of our content, resources, products, offers or services related hereto, or by clicking to accept and agree to these terms when this option is made available to you, you hereby understand, accept and agree to be bound and abide by all Terms of Use, our Privacy Policy and our disclaimers. If you do not want to agree to our Privacy Policy, our Terms of Use or the disclaimers contained herein, then you must not access or use this Site or any of the associated digital pages or social media channels as represented by the Business.
By actively making a booking with us (whether online or in person), you hereby affirm that you clearly understand, accept and agree to all the Terms of Use related to the Business as well as the terms of our Privacy Policy and Disclaimers. Your statutory Consumer Rights remain unaffected.
All Terms of Use contained herein by default refer to the eventual offer, acceptance of and consideration of payment necessary to undertake the process of assisting you in a Professional-Client capacity in the most appropriate manner; whether by booked meetings and/or therapy sessions (whether in person or virtual) of a fixed duration or by any other means for the express purpose of meeting our Clients’ needs in respect of the provision of our stated RTT® and other therapy services and any products we may offer from time to time, and in accordance with and subject to prevailing law.
Ownership of Material & Intellectual Property Rights
This Agreement does not transfer from the Business to you any Advanced Mind Health, Diane Konkin or any third party intellectual property; and all right, title and interest in and to such property will remain (as between the parties) solely with Advanced Mind Health.
The Advanced Mind Health (“AMH”) brand assets such as the logo and all other trademarks, service marks, graphics and content used in connection with the services and/or products as offered by AMH, the Diane Konkin brand, this Site and/or as shared throughout our social media channels are trademarks-to-be or registered trademarks of AMH and Diane Konkin or its licensors of the aforementioned companies.
Other trademarks, service marks, graphics and logos used in connection with this Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any AMH content or third-party trademarks.
You hereby grant Advanced Mind Health and the Diane Konkin brand an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to:
(a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers) any Content you share on or in connection with the Site or Advanced Mind Health services or the promotion thereof, and
(b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Advanced Mind Health or the promotion thereof.
All materials and content displayed or otherwise accessible through this Site and all its related digital pages and/or social media channels - including, without limitation, articles, text, photographs, ebooks, guides, images, videos, audios, illustrations and the website itself (www.AdvancedMindHealth.ca) - are protected under Canadian copyright and/or other laws appropriately, and are owned by the Business.
Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet (including placing on another website or on any social media channels), transmission, redistribution or other exploitation of this Site or of any AMH or Diane Konkin brand content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of Advanced Mind Health.
All multi-media embedded in or located on or at this Site, including, without limitation, all digital purchases, or media that does not include an embed or sharing facility is protected by copyright and may be protected by other rights. You are hereby granted the right to access and use these items subject to:
(i) the terms and conditions of this Agreement; and
(ii) any additional conditions which may be imposed on your access at the time of purchase.
You hereby accept and agree that all the information, content, resources and materials as provided in this Site and throughout the Business’s associated digital pages and social media channels - as well as all other content, videos, audios, training materials, products, shared resources, services and/or other materials (whether digital or print) – which are made available to you by any of its owners, officers, employees or representatives, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”), are maintained for your personal use and information by the Business and shall remain the property of the Business and/or any third party associates, partners, suppliers or service providers.
You also hereby accept and agree that all such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, audio and sound recordings, artwork, photos, documents and text as well as all other materials included in the Site and throughout all social media channels.
No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Business.
Modification of the Content or use of the Content for any other purpose is a violation of our AMH and Diane Konkin brand copyright and other proprietary rights of the Business, as well as the authors who created the materials, and may be subject to monetary damages and penalties.
You may not distribute, modify, transmit or use the content of the Site or any Content, including any software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Advanced Mind Health and/or as may be opted-in to by way of a registration process on one of the Business’s associated digital pages.
All Content such as text, data, graphics files, videos, audio and sound files, and other materials contained in the Site, are deemed to be copyrighted unless otherwise noted and are the property of the Business and/or a supplier to the Business. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, images and biographical information of people used in the Business Content and contained in the Site and all associated digital pages and social media channels, including, without limitation, the name and trademark(s) of the Business’s key terms or phrases, are either the property of, or used with permission by, the Business. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use.
Any unauthorized use of the Business’s Content may violate the copyright, trademark and/or other proprietary rights of the Business and its owners, officers, employees or associate representatives, agents, affiliates or other third parties, as well as laws of privacy and publicity and other regulations and statutes.
Nothing contained within this Agreement or in this Site or any of the Business’s associated digital pages or social media channels shall be construed as granting, whether by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the Business or any associated third party owner.
The Business respects the copyright, trademark and all other intellectual property rights of others. The Business reserves the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on this Site or in any Content in any way, you may notify the Business at diane@AdvancedMindHealth.ca. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Our Copyrights
The content you see here, including text, images, custom software, compilations of resources, and audio and video content, or made available by the site elsewhere, is the sole and exclusive property of Advanced Mind Health, including (but not limited to) anything we share with our clients in a Professional-Client Relationship.
Our Content is protected by Canadian and international copyright laws. We take our intellectual property rights seriously and search for infringing uses of our copyrighted material such as copying, passing off as your own or other infringing uses, whether personal or commercial.
If you desire to use the information on the Site (whether in part or whole), or to use information or content as may be shared on any of our associated digital pages or on our social media channels in any way other than by viewing it for your personal use, we can discuss licensing rights starting at US$50,000 each. If you are found using the information other than as explicitly allowed by this Agreement, we will notify you and bill you accordingly.
No Warranties
Advanced Mind Health makes no warranties regarding the performance or operation of this Site or any associated digital pages or social media channels. The Business further makes no representations or warranties of any kind, whether express or implied, as to the information, contents, resources, materials, products, documents, programs, books, guides, or services included on or through this Site or any of its associated digital pages or social media channels.
To the fullest extent permissible by law, the Business disclaims all warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Disclaimers
All the Business’s Disclaimers, along with all the Terms of Use as contained herein and the Privacy Policy, governs your access to and use of this Site and all associated landing pages and social media channels, including any content, functionality and services offered on or through the Site whether as a guest user, register user or as a client in a Professional-Client Relationship with Advanced Mind Health.
By using the Site and any of the associated digital pages or social media channels, or by clicking to accept or agree to the Terms when this option is made available to you, you hereby acknowledge, accept and agree to be bound and abide by any disclaimers throughout the Site and as may be found in our intake forms or in other documentation. If you do not want to agree to our Privacy Policy, you must not access or use this Site or any associated Content.
Other disclaimers include, but are not limited to:
(i) Disclaimer of Warranties: This Site and all associated digital pages are provided “as is”. Advanced Mind Health, the Diane Konkin brand, and all their suppliers and/or licensors hereby disclaim all warranties of any kind, whether express or implied and including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Advanced Mind Health nor its owners, members, trustees or suppliers and/or licensors makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You hereby confirm your understanding and acceptance of the fact that you continue with the Site, or otherwise obtain content or services through, the Advanced Mind Health business at your own risk and discretion.
(ii) Limitation of Liability: In no event will Advanced Mind Health, the Diane Konkin brand or any of their representatives, associates, affiliates, strategic partners, suppliers and/or licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
a. Any special, incidental or consequential damages;
b. The cost of procurement or substitute products or services;
c. For interruption of use or loss or corruption of data; or
d. For any amounts that exceed the fees paid by you to Advanced Mind Health under this Agreement during the twelve (12) month period prior to the cause of action. AMH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
(iii) Errors and Omissions: This World Wide Web Site (www.AdvancedMindHealth.ca) is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete and up to date. While the Business has taken reasonable steps to ensure that the information, Content and resources as contained in the Site and throughout all our associate digital pages and social media channels is accurate, we cannot represent that they are free of errors. You hereby acknowledge, agree and accept that the information, content and resources as contained on this Site and on all associated digital pages and social media channels may be erroneous, and you hereby agree to conduct your own due diligence to verify any information obtained from this Site and/or its Content and resources made available to you prior to taking any action. You hereby expressly agree not to rely upon any information, Content or resources as contained in this Site or associated digital pages or social media channels.
Success Disclaimer
From time to time, the Business and any of its owners, officers, representatives and/or employees may report on the success of its existing and/or prior clients or general consumers. The information about this success is accurately portrayed. You hereby acknowledge and recognize that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your multiple factors such as your individual capacity, any past traumas, life events or experiences that have helped shape your current adult perspectives, prior therapy experience and/or alternate healing attempts, and your level of desire to obtain the transformation you seek. There are no guarantees concerning the level of success you may experience by using the RTT® or other services as offered by Diane Konkin or Advanced Mind Health. You hereby accept the risk that results differ from individual to individual.
The use of our information, RTT® and other therapeutic services, any products and any offers you choose to engage with should be based on your own due diligence and you hereby expressly agree that the Business is not liable for any success or failure that may occur whether directly or indirectly related to the purchase or use of any of the information, content, resources, products and/or services as reviewed or advertised on this Site and any of our associated digital pages or social media channels.
Neither the Business nor its owners, officers, employees or representatives believe in “silver bullet” offers, programs, products or courses. The Business believes in adding value to empower your life and in serving others with integrity, excellence and responsible service delivery as is personalized per client in a Professional-Client Relationship (see below for further clarification as to a Professional-Client Relationship).
Our services, products, offers and any programs or retreats we offer (whether now or in the future) require your commitment to the success you seek, just like any worthy endeavor or other higher learning or professional program, service or offer. Advanced Mind Health seeks to help transform the lives of high-profile professionals who are serious about their personal and professional success.
Every effort has been made to accurately represent the Business’s services, offers, products and programs and their potential to our clients. Examples of past client successes are not to be interpreted as a promise or guarantee of any kind in terms of your own transformational potential.
The Business and its owners, officers, employees and representatives feel that transparency is important, and we hold ourselves – and you – to a high standard of integrity and authenticity. This is why we share our contact information for any questions.
No Warranties or Guarantees
The Business makes no warranties regarding the performance or operation of this Site or any associated digital pages or social media channels. The Business further makes no representations or warranties of any kind, whether express or implied, as to the information, contents, resources, materials, individual services or packaged offers, products, documents, programs, books or guides included on or through this Site or any of its associated digital pages or social media channels.
You also hereby agree that neither the Business nor any of its owners, officers, employees, representatives, licensors, strategic partners, agents or affiliates, however the case may be at any point in time, has not made any guarantees about the results of taking action to comply with any instructions or recommendations as may be given when in a Professional-Client Relationship with Diane Konkin or any other member of the AMH Team, whether such instruction or recommendation was provided online or in person during a private session.
The Business provides educational and informational content and resources that are intended to help users of this Site (and all associated digital pages and social media channels) succeed in personal transformation and healing. You nevertheless recognize that your ultimate success or failure will be the result of your own actions and efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Business or any of its owners, officers, employees, representatives, licensors, agents or affiliates as however may be the case.
User’s Personal Responsibility
By using this Site and all associated digital pages and/or any Content, products, resources or services as may be shared on or through the Business’s social media channels, you hereby accept personal responsibility for the results of your actions. You acknowledge, accept and agree to take full responsibility for any harm and/or damage you may suffer as a result of the use, or non-use, of the information made available on this Site or as may be expressed in any of our Content, resources or products made available for download from this Site. You accept and agree to use your own discernment and judgment and to conduct due diligence before taking any action or implementing any plan as may be suggested or recommended on this Site or any of the Business’s associated digital pages or social media channels.
No Professional-Client Relationship
Your use of this Site - including the implementation of any suggestions, tips, advice, instructions and/or recommendations as may be shared herein, or the use of any of the Business’s content and resources as is made available to you within the Site and its associated digital pages and/or as may be accessed on or through the Business’s social media channels – does not create a Professional-Client Relationship between you and Advanced Mind Health or any of its owners, officers, professional associates or partners, employees or representatives.
The Business cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements and payments, are met and resolved. Thus, you hereby acknowledge, accept and agree that we have not created any Professional-Client Relationship with you by the use of this Site or any of its associated digital pages or our social media channels.
THE USE, ENJOYMENT, APPLICATION AND ANY ON-GOING IMPLEMENTATION OF ANY SHARED INFORMATION, RESOURCES, MATERIALS, TOOLS AND CONTENT IN A PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN A CLIENT AND THE BUSINESS IS PERFORMED AT THE SOLE DISCRETION OF THE INDIVIDUAL RECEIVING SUCH RTT® OR OTHER THERAPY, COACHING, SERVICE OFFERS OR PACKAGES, PROGRAMS, TRAINING AND ANY OTHER RECOMMENDATIONS THAT THE BUSINESS MAY PROMOTE TO THE INDIVIDUAL AT ANY POINT IN TIME.
For Educational & Information Purposes Only
The information contained on this Site, across all associated digital pages and as may be accessed on or through any of the Business’s social media channels, and any content or resources made available for viewing, listening or download through this Site, are for educational and informational purposes only.
This Site and all Content, resources, products and services as provided or promoted by the Business are provided on an ‘As Is' basis. By accessing and using this Site, as well as any associated digital pages and social media channels, you hereby acknowledge and agree that the use of this Site and all Content related to the Business activities is entirely at your own risk.
The Business makes no representations or warranties regarding this Site or any of its Content or associated digital pages or social media channels, including, without limitation, no representation or warranty:
(i) that this Site or any of its associated content will be complete, reliable, accurate, suitable or timely;
(ii) that any Content, including, without limitation, any information, data, product or service contained in or made available through this Site or any of its associated digital pages or social media channels will be of merchantable quality or fit for a particular purpose;
(iii) that the operation of this Site will be uninterrupted or error free;
(iv) that defects or errors in this Site will be corrected;
(v) that this Site will be free from viruses or harmful components; and
(vi) that communications to or from all associated digital pages, other websites or social media channel content will be secure or not intercepted.
For Educational & Information Purposes Only
The information contained on this Site, across all associated digital pages and as may be accessed on or through any of the Business’s social media channels, and any content or resources made available for viewing, listening or download through this Site, are for educational and informational purposes only.
Not Medical Advice
The information contained on this Site, any associated digital pages and/or as may be made available for download on or through any social media channels, is not intended as, and shall not be understood or construed as, professional medical advice.
While all representatives, agents, employees and/or owners and officers of the Business are professionals and the information provided on this Site relates to issues within the Business’s area of professionalism, the information, Content and resources as contained on this Site and as may be shared throughout the Business’s social media channels is not a substitute for advice from a medical professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Site, including all Content and resources made available to you, is accurate and provides valuable information. Regardless of anything to the contrary, nothing available on or through this Site or any associated digital pages or social media channels should be understood or construed as a recommendation that you should not consult with a professional to address your particular situation. The Business herein expressly recommends that you seek advice from a medical professional prior to taking action.
Furthermore, neither the Business nor any of its representatives, employees, owners or officers shall be held liable or responsible in any way for any errors or omissions on this Site or associated digital pages or social media channels for any damage you may suffer as a result of failing to seek competent advice from a medical professional who is familiar with your situation.
You hereby understand, acknowledge and accept that any RTT® or other therapy, coaching, training, speaking engagements, products and/or other service offers as may be shared throughout this Site and any associated digital pages and social media channels does not supersede or replace any advice, prescriptions or recommendations as provided to you by any healthcare or medical professional regardless of your country of origin.
You also hereby understand, acknowledge and accept that any such RTT® or other therapy, coaching, training, speaking engagements, products and/or other service offers as may be shared throughout this Site and any associated digital pages and social media channels as promoted does not in any way replace or alter any current, past or future medical advice as was, is or may be recommended or prescribed by any other healthcare or medical professional, regardless of your country of origin.
Content Provided by You
When you provide content to use (for example, such as through comment features, group portals, a contact form or otherwise), you hereby agree not to post anything vulgar, illegal, threatening, obscene, defamatory, libelous or infringing, or to make use of such comment features to promote spam, for commercial solicitations or software viruses. We reserve the right to delete any comment and/or content as may be shared by you across any of the Business’s digital portals, including social media channels and regardless of its contents, and to block you from the Site and all our other digital portals at our sole discretion.
When you provide content to us through a comment feature or contact form, you hereby confirm that you automatically give us a non-exclusive royalty free right to use, reproduce, publish, adapt, display and/or distribute any such content throughout the world in any form. This includes the right to include the name under which you submitted the content should management of Advanced Mind Health deem it necessary for the purposes at the time. Please be aware of this before sending personal information or information of commercial value, whether by or about you or any third person or entity.
You hereby indemnify Advanced Mind Health and all its owners, officers, professional associates or partners, employees and representatives (whether now or in the future) from assuming responsibility, or being held liable for, any content that you choose to share throughout any of our digital channels.
Your Consent
When you opt in, subscribe or sign up in any other way to receive any Content, resources or materials associated with the Business, or when you register for anything on this Site and/or its associated digital pages or social media channels, you hereby give your consent to receive any notices, announcements, agreements, disclosures, reports, documents, electronic communications (including by way of email) concerning new products or services, and/or other records or correspondence from the Business.
You also hereby acknowledge, accept and agree that if or when you send comments, feedback and/or suggestions about this Site and any of its associated digital pages or social media channels – including, but not limited to, any notes, texts, WhatsApp communications, sms and mms messages, emails, drawings, images, designs or computer programs or software – that such submissions shall become and shall remain the sole property of the Business.
No submission shall be subject to any obligation of confidence on the part of the Business. The Business shall exclusively own all rights to, including intellectual property rights thereto, such submissions and shall be entitled to unrestricted use, publication and dissemination of all such submissions for any purpose, whether commercial or otherwise, without any acknowledgment or compensation to you.
The Business will not intentionally disclose any personally identifying information about you to third parties, except where the Business, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms of Use as contained herein. By using the Site and any associated digital pages and/or our social media channels, you hereby signify your agreement to and acceptance of the Business’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not continue to use this Site.
Neither the Business nor any other party involved in creating, producing or maintaining the Site or any associated digital pages or social media channels, and/or any Content as contained on, in or downloadable from this Site and any associated digital pages or social media channels, shall be held liable, under any circumstances, for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Site and all related brand and business material whether now or in the future.
Registration & Use of Passwords
To access particular pages and features of this Site or any associated digital pages or other online communities, you may be asked to register with the Business. Thus, you hereby acknowledge, accept and agree:
(i) that the Business reserves the right to refuse registration access to any individual or organization at any time,
(ii) to provide true, accurate, current and complete information about yourself as prompted by any form provided by the Business, and
(iii) to maintain and promptly update the information you provide to the Business so as to keep it true, accurate, current and complete.
If the Business has reasonable grounds to suspect that such information is misleading, inaccurate, not current or is incomplete, then the Business and its owners, officers, employees or representatives reserve the right to suspend or terminate your access to and use of this Site and any of its associated digital pages or social media channels.
The Business’s use of any personally identifying information you provide as part of a registration process is governed by the terms of our Privacy Policy. You hereby acknowledge, accept and agree that it remains your responsibility to maintain the confidentiality of your password(s) and account(s) with or related to the Business, and that you are responsible for all activities that occur by using your password(s) and/or account(s) with the Business.
You hereby agree to notify the Business immediately at diane@AdvancedMindHealth.ca of any unauthorized use of your password(s) or account features or any other breach of security, and to ensure that you exit from your account(s) at the end of any session for which a password is required. The Business cannot and will not be held liable for any loss or damage arising from your failure or the Business’s failure to protect your password(s) or any associated account information.
Affiliate Links
From time to time, the Business participates in affiliate marketing and may allow affiliate links to be included on some of our digital pages as well as shared through our social media channels. This means we receive affiliate compensation when you click on or make purchases via the affiliate links we may share.
As a policy, the Business will only affiliate with or refer products, services, coaches, consultants or other experts that we believe will provide value to our clients, consumers and followers. Any other experts that the Business refers to or recommends is not automatically intended as an endorsement or statement that the information referred to is accurate, whole or complete. We provide this information purely as a reference to users of our Site or associated digital pages and social media channels, but it remains your responsibility to conduct due diligence as desired in order to verify the referred or suggested information, and to make your own determination prior to taking any further action.
You hereby acknowledge, agree and recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your personal situation and/or business requirements, and as to how said offers may benefit you.
You will not rely on any recommendation, suggestion, reference or information provided by the Business but will instead conduct your own investigation and will rely upon your own discernment and judgement to decide whether to purchase the affiliate product or service. The Business hereby disclaims any liability for direct, indirect or consequential loss arising in connection with the use of any affiliate content or resources as may be shared throughout this Site or any associated digital pages or social media channels by any person or organization, whether in its original form or altered in some way by the user. The Business hereby expressly gives no warranties as to any results or improvements you may be expecting from any shared affiliate content, resources or information.
Other Links, Downloads, Features or Advertisements
This Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Business, nor by way of endorsement of the contents of such third party websites.
We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequences of your decision to use the links provided or your use of such material.
We also hereby disclaim any and all liability from, and make no representations or warranties for, any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of those products and services at those other sites or their associated social media channels.
You hereby acknowledge, accept and agree that you shall not bring a suit or claim against the Business or any of its owners, officers, employees or representatives arising from or based on your purchase or use of products or services through those other sites.
Links do not imply that the Business or any of our affiliates sponsors endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of the Business or any of our affiliates as may be the case. The Business is not responsible for the content of any third party website or social media channel material, nor does it make any representation or warranty of any kind whatsoever regarding any third party website or social media channel.
Limitation of Liability
YOU HEREBY AGREE TO FULLY ABSOLVE THE BUSINESS AND ANY OF ITS OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OF ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION, CONTENT AND/OR RESOURCES AS IS OR MAY BE CONTAINED ON THIS SITE AND ANY OF ITS ASSOCIATED DIGITAL PAGES AND SOCIAL MEDIA CHANNELS, INCLUDING ANY DOWNLOADABLE CONTENT, RESOURCES OR INFORMATION.
YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE THAT THE BUSINESS SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES AS MAY BE CAUSED TO YOU BY THE USE OF THIS SITE OR ANY OF ITS ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS.
The information, software, products, Content, resources and services included in or available through this Site and any of its associated digital pages and social media channels may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Business and/or its suppliers and/or partners may make improvements and/or changes to this Site and any associated digital pages and social media channels at any time.
THE BUSINESS AND ITS OWNERS, OFFICERS, EMPLOYEES AND REPRESENTATTIVES – AS WELL AS ITS SUPPLIERS AND/OR PARTNERS AT ANY TIME – MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS 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, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ANY 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 BUSINESS AND/OR ITS SUPPLIERS OR PARTNERS, OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES 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 SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED PRODUCTS OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SAID PRODUCTS AND/OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, OR AS OTHERWISE ARISING OUT OF THE USE OF THE SITE, ITS ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS OR PARTNERS, OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Because some provinces, states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Site or any of its associated digital pages or social media channels, or with any portion of this Site and associated digital pages or any social media channels, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Site and its associated digital pages or any social media channels.
The Business also hereby expressly disclaims any liability for the acts, omissions or conduct of any third-party user of this Site or any of its associated digital pages and/or social media channels, as well as any advertiser or sponsor of this Site or its content or resources shared.
Under no circumstances shall the Business or any of its owners, officers, employees or other representatives be held liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from
(i) the acts, omissions or conduct of any third party user; and
(ii) any use or inability to use any resources, materials, content, goods or services located at or made available at any website linked to or from this Site or any of this Site’s associated digital pages or social media channels.
If you decide to access or use any linked website or content, resources, materials, goods or services from a website linked to this Site or any of this Site’s associated digital pages or social media channels, you do so entirely at your own risk.
Professional Indemnity
You hereby acknowledge, accept and agree to indemnify, defend and hold harmless the Business, the Diane Konkin brand in all forms and/or future sister companies, as well as all Advanced Mind Health owners, officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever; including, without limitation, legal fees and disbursements resulting directly or indirectly from:
(i) your breach of any of the terms and conditions of this Agreement,
(ii) your access, use or inability to access or use this Site or any of its associated digital pages or social media channels or other Content to which the Business Site is or may be linked to from time to time,
(iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything on or from the Business Site and all associated digital pages and/or social media channels, and/or
(iv) your violation of any law or regulation regardless of your country of origin.
You agree to indemnify and hold harmless the Business in its entirety as abovementioned against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.
Performance
Neither Advanced Mind Health as the Business nor any of its owners, officers, employees or representatives shall be responsible for any performance or service problems as may be experienced on or by any third party website, application or service provider such as your web hosting provider, your internet service provider, any online payment gateways such as Stripe, Block or PayPal, your software and/or any updates or upgrades to the hardware or software on your devices. Any such problem shall be governed solely by the agreement between you and said service provider.
The Business reserves the right to determine, in its sole discretion, whether the Business is responsible for any malfunction or disruption to any online resources or activities. The Business also reserves the right to limit your use of the Site and any of its associated digital pages and social media channels, as well as any Content provided, and to terminate your user account(s) should we have determined that you have violated any of these Terms of Use, or that you have violated any other rules or conditions of the Business.
Security of Information over the Internet
You should note that any information sent or received over the internet is generally considered unsecure and neither the Business nor any of its owners, officers, employees or representatives can or do make any representation or warranty concerning the security of any communications to or from this Site or any of its associated digital pages or social media channels.
The Business shall use all commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system (whether or not password protected) can be entirely impenetrable. You hereby accept and acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using this Site or any associated digital pages and/or social media pages pertaining to the Business. Use of the Site is completely at your own risk, and we ask you to refer to our Privacy Policy for further clarification to this subject.
You also hereby accept and agree that neither the Business nor any of its owners, officers, employees or representatives make any representation or warranty regarding the interception by third parties of personal or other information as may be shared via our communications.
The Business does not warrant that the use of any online mentoring or coaching training, materials, resources or services will be uninterrupted or error free, that defects will be corrected, or that this Site and any associated digital pages, social media channels or related Content shall be free from bugs or viruses or other harmful components. You assume all responsibility for any costs for any repairs and/or corrections as may be necessary.
Refund Policy
Any and all payments made to the Business via any channel, whether via Stripe or Block, direct wire transfer or otherwise, are considered payment towards a Professional-Client Relationship for the RTT® (or other) therapy services and/or products as offered by the Business related to therapy, lifestyle coaching, training, speaking, private one-to-one sessions or group retreat offers (whether in person or in a virtual capacity) and all such payments remain non-refundable.
By having made a payment for any of the aforementioned, it is automatically considered an acceptance of your agreement to the Advanced Mind Health services, our Privacy Policy, our Terms of Use as contained in this web page, as well as our Intake Form.
It is also hereby considered an acceptance of your agreement to any products you may purchase, whether by way of verbal and/or other electronic agreement such as email. However, should you require any refunds and/or additional special payment arrangements, please email diane@AdvancedMindHealth.ca direct.
You hereby accept and agree that any items as may be purchased from a third party website or company are bound by their own refund and/or cancellation policies. Thus, if you purchase a product or service from another provider that will be processed on this Site or any of the Business’s associated digital pages or social media channels, then a different set of terms and conditions may display alerting you to any of the third party’s refund policies that you should be aware of which is specific to their product and/or service.
Refund Policy
Any and all payments made to the Business via any channel, whether via Stripe or Block, direct wire transfer or otherwise, are considered payment towards a Professional-Client Relationship for the RTT® (or other) therapy services and/or products as offered by the Business related to therapy, lifestyle coaching, training, speaking, private one-to-one sessions or group retreat offers (whether in person or in a virtual capacity) and all such payments remain non-refundable.
By having made a payment for any of the aforementioned, it is automatically considered an acceptance of your agreement to the Advanced Mind Health services, our Privacy Policy, our Terms of Use as contained in this web page, as well as our Intake Form.
It is also hereby considered an acceptance of your agreement to any products you may purchase, whether by way of verbal and/or other electronic agreement such as email. However, should you require any refunds and/or additional special payment arrangements, please email diane@AdvancedMindHealth.ca direct.
You hereby accept and agree that any items as may be purchased from a third party website or company are bound by their own refund and/or cancellation policies. Thus, if you purchase a product or service from another provider that will be processed on this Site or any of the Business’s associated digital pages or social media channels, then a different set of terms and conditions may display alerting you to any of the third party’s refund policies that you should be aware of which is specific to their product and/or service.
The Business reserves the exclusive right to, at its sole discretion, refund any fees charged for the use of this Site and all its associated digital pages or social media channels and any related Content thereto; as well as for any products, therapy or coaching services, training or speaking services, or any other one-on-one sessions or group retreat offers (or only a pro-rata portion thereof).
Payment Arrangements
Payment plans or special arrangements may be made at any time and require confirmation of acceptance in writing by both parties.
The Business reserves the right to levy a US$40.00 Surcharge Fee to cover any subsequent administrative expenses in lieu of any additional follow-up communication needed for late payments at any time.
Any monies that remain outstanding after each due date as has been agreed to within a Professional-Client Relationship will incur a late payment surcharge at 10% of the Gross Total Amount Due at the time.
The Business reserves the right to seek recovery of funds through a collections agency for monies remaining unpaid sixty (60) calendar days from date of invoice, and/or from the required date per the agreed terms for a Professional-Client Relationship you have in place at the time. In such circumstances, you shall be liable for all additional administrative, banking and/or legal costs. Subsequently, any bookings and/or transactions as would have been due according to any Professional-Client Agreements will cease with immediate effect until such time as all monies outstanding are recovered in full.
Cancellations for Booked One-on-One Sessions
We require a minimum of twenty four (24) hours’ notice of cancellation or postponement of an Online or In Person meeting or private one-on-one session booking during the work week; and a minimum of thirty six (36) hours’ notice of the same if a cancellation or postponement is required prior to or over a weekend following which the meeting would occur the next Monday.
All such cancellations and/or postponements of previously confirmed meetings at the scheduled and agreed times must be made to your Advanced Mind Health business representative or Diane Konkin in writing via email communication, and not via any WhatsApp or text message or social media channel.
The Business and its owners, officers, employees and representatives shall forever deny any refund request which occurs thirty (30) calendar days after payment has been received related to any product or service (whether RTT® therapy or otherwise) related to this Site or any of its associated digital pages or social media channels.
Force Majeure
As a client in a Professional-Client Relationship with the Business or any of its owners, officers, employees or representatives, neither yourself nor the Business nor any other representative of or to the Diane Konkin brand in its entirety, shall be held liable to the other parties for failure to perform any obligation under any agreement if caused by an event beyond our control.
These events include, but aren’t limited to, riots, political or civil unrest, acts of war, terrorism, earthquakes, floods, any other Act of God or any other natural or man-made disaster outside our control. Thus, if any of the aforementioned prescribed events cause the termination of an agreement you may have in place at any time, then the affected party shall inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of the Agreement as contained herein.
IN NO EVENT SHALL THE BUSINESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES (WHETHER FORESEEABLE OR NOT) INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED COACHING, SPEAKING, TRAINING, THERAPY OR MENTORING ADVICE OR MATERIALS, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF THE BUSINESS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Breach & Violation
You hereby accept, acknowledge and agree to indemnify and hold the Business and its owners, officers, employees, representatives, affiliates or associates harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:
(i) Your breach of this Agreement,
(ii) Any violation by you of the law or the rights of any other third party,
(iii) Any materials, resources, training, information, products, services, works and/or other Content of whatsoever nature or media that you post or share across any of the Business’s digital pages (including this Site) or social media channels,
(iv) Your use of this Site and any of the Business’s associated digital pages or social media channels, or your use of any of the Business’s Content, products or services,
(v) Your conduct in connection with this Site and any of the Business’s associated digital pages or social media channels, products or services; or with any other users related to the Business.
Advanced Mind Health reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Business with cooperation as is reasonably requested by the Business and/or its legal representatives.
Termination
The Business and the Diane Konkin brand may terminate your access to all or any part of the Site, any associated digital pages or any of our social media channels at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Amendments & Other Matters
We may make changes to the Site, our service offerings, products and/or information and these Terms of Use at any time and without prior notice. If any of these terms is deemed invalid for any reason, that term shall be severable and the remaining terms shall be given their maximum effect.
By using this Site, you hereby certify that you are over the age of sixteen. If you make a purchase on this Site, you are subject to this agreement and others, including our no refunds policy.
General & Jurisdiction
This Site and all associated digital pages and social media channels (excluding any linked websites) are owned and controlled by the Advanced Mind Health. By accessing or using this Site and all associated digital pages and social media channels, you hereby agree that all matters relating to your access to and use of this Site (and all associated digital pages and social media channels) shall be governed by Canadian legislation regardless of your country of origin or citizenship.
This Agreement constitutes the entire agreement between Advanced Mind Health and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Business.
Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Site will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions; and the proper venue for any disputes arising out of or relating to any of the same will be the provincial courts location in Niagara Falls or closest thereto.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with any and all applicable Canadian legislation similar to the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) as is in the United States of America. Any arbitration or mediation required shall take place in Niagara Falls or Toronto, Canada, and shall occur in the English language and any resultant decisions may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. Advanced Mind Health may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Use are to be read in conjunction with our Privacy Policy. The provisions of these Terms of Use are for the benefit of the Business, its owners, officers, employees and representatives, and its subsidiaries, agents, affiliates and any third party content providers and licensors; and each shall have the right to assert and enforce such provisions directly or on its own behalf.
We reserve the right to periodically make changes to the Site, and our associated service providers may also make improvements and/or changes to this Site at any time. Neither the Business nor its service providers make any representations about the availability, suitability, reliability, timeliness and/or accuracy of the information, content, downloadable material, graphics, software, referred resources, products, programs and services contained in this website for any purpose.
If you are dissatisfied with any portion or portions of the Site or the Business’s associated digital pages or social media channel content, with these Terms of Use or any Disclaimers as contained herein, or with our Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.
To the maximum extent permitted by law, in no event shall the Business or the Diane Konkin brand in its entirety and/or its owners, officers, employees or representatives, nor its suppliers or associates, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever – including and 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 Site – with the delay or inability to use the Site or related services, the provision of or failure to provide services; or for any information, content, downloadable material, graphics, software, referred resources, products, programs and services obtained through this website or otherwise arising out of the use of the Site (whether based on contract, tort, negligence, strict liability or otherwise) even if the Business or any of its suppliers has been advised of the possibility of such damages.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions within this Agreement.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated
April 30, 2023