Terms of Service
Last updated: December 14th, 2022.
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the TraumaSolutions.com and DianePooleHeller.com Website (the “Website”), which is operated by Trauma Solutions, a business entity formed in Colorado, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability.
Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, students, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Limitation of Liability
Under no circumstances shall Trauma Solutions or its agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that results from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Trauma Solutions has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Trauma Solutions’s liability in such jurisdictions shall be limited to the extent permitted by law.
Our Offers and Pricing
We offer digital products on this Website. The price of these digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
Purchases
When you make a purchase on the Website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: Stripe and PayPal. We are not responsible for the collection, use, sharing or security of your billing information by these third-party payment processors.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct and complete.
Refund Policy
Refund policies may vary by program and product offer. Below is a description of each program and its refund policy.
DARe Live Events:
Full refunds will be given in the rare event that the workshop is canceled.
Enrollment for this event is limited to 75 participants. A refund––less $100 administrative fee––will be issued if a participant chooses to withdraw 30 days prior to the workshop date. After Day 30–– and up to 2 weeks prior to the workshop date––50% of the registration fee will be refunded. Please note that DARe Certificate Program Prepayment Plans are not eligible for refunds (you may simply reschedule your training).
DARe Certificate Program:
The DARe Application Fee is a non-refundable fee.
DARe Certificate Program Prepayment Plans are not eligible for refunds (you may simply reschedule your training).
Attachment & Trauma Mastery Program Training / Expert Spotlight Training:
If you register for a training course and you decide to withdraw for any reason, you may cancel your participation within 7 days of the course start date and request either a full refund or credit for a future course.
You must make this request on or before [7 days from course start]. Refund requests must be made in writing to our Customer Support Team. Refunds will be issued in the same form of payment made and may take up to 4-6 weeks to process.
Please note that DARe Certificate Program Prepayment Plans are not eligible for refunds (you may simply reschedule your training).
Therapy Mastermind Circle (Monthly Subscription Program):
Therapy Mastermind Circle is a monthly training program that is offered via an annual subscription model, which requires regular payments in order to receive access to products and training materials. Enrollment to the program opens twice a year––and if for any reason, you decide to withdraw from a 6-month topic, you may cancel your participation within 30 days of the course start date and request a full refund by contacting our Customer Support Team.
Past 30 days and once enrolled in the Therapy Mastermind Circle, if you cancel your membership to Therapy Mastermind Circle before completing any 6-month topic, you will have 30 days—from the time you give notice of your cancellation—to download the materials for your personal use only simply contact our Customer Support Team.
Special Sales/Discounts/Holiday Pricing Bundle Pricing Programs:
From time-to-time, we may offer special or discount pricing on digital products and previous or existing programs. As such, the Refund Policy may change or all sales will be final. You will have an opportunity to review any refund policies on the enrollment page and at product checkout.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to reject the goods, services or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Accounts
When you create an account or make a purchase/payment on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting Customer Support.
Intellectual Property
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Trauma Solutions, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Trauma Solutions. For information on requesting such permission, please contact Customer Support.
Indemnification
You agree to indemnify, defend and hold harmless Trauma Solutions, its officers, directors, employees, contractors agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site , services or any content you purchase. Any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Trauma Solutions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Trauma Solutions in asserting any available defenses.
DARe Practitioners and DARe Certificate Program
The DARe Certificate Program training is an educational program and not a licensing program. As such, Trauma Solutions does not recommend or endorse any particular DARe-trained practitioner. As a referral service, Trauma Solutions is only an intermediary that provides contact information about DARe-trained practitioners. We do not offer advice regarding the quality or suitability of any particular practitioner, and no information on this site should be construed as health or medical advice. You should obtain any additional information necessary to make an informed decision before utilizing any specific practitioner.
Disclaimer of Warranties
All materials, information, software, products, and services included in or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Trauma Solutions and its agents do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Termination of Site Access
Trauma Solutions may, in its sole discretion, terminate your ability to use the site or features of the site at any time.
Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Trauma Solutions or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or automated AI means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
- Images of Dr. Diane Poole Heller or other images used on the website purchased by a third-party.
- Content that is created by Trauma Solutions including but not limited to course manuals, transcripts, slides, videos, infographics, articles, written resources.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL TRAUMA SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF TRAUMA SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF TRAUMA SOLUTIONS. THE AGGREGATE LIABILITY OF TRAUMA SOLUTIONS. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY TRAUMA SOLUTIONS BY YOU.
Links to Third-Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
All contents of this Website are ©2011 – 2023 to Trauma Solutions’ or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Trauma Solutions and are either registered trademarks, trademarks or otherwise protected intellectual property of Trauma Solutions or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Support.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to, costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Trauma Solutions
c/o Customer Support
743 Club Cir, Louisville, CO 80027
United States
720-324-1544
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the state of Colorado, United States, without regard to its conflict of laws provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Boulder County, Colorado.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
Questions
If you have any questions about our Terms of Service, please contact us.