These Terms of Use (or “Terms”) are the terms upon which Pat Deegan, PhD. & Associates, LLC (“PDA”) offers you access to one or more individual online courses and related content, downloadable materials, and other resources (each a “PDA Course”).  PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM.  BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING A PDA COURSE, YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS.

I. Prohibited use of a PDA Course

A. Infringement of copyrights and other proprietary material

Each PDA Course contains copyrighted material and other proprietary information, which may include text, software, photographs, video, graphics, images, music and sound (collectively “Proprietary Material”). You agree that you will not infringe upon or misappropriate the rights of PDA or any other party to their Proprietary Material. You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, reverse engineer, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, or permit any third party to do so, except as expressly permitted by these Terms. 

You may use PDA Course materials, including Proprietary Materials, for educational, training and/or therapeutic purposes, but such license does not entitle you (i) to edit or modify any of the materials or to incorporate them into any other work or (ii) to transfer, sell, license or otherwise make available any of the materials to a third party, either for free or for payment, without PDA’s prior written consent.  That means:

• You may not upload PDA Course content to public video sharing sites such as YouTube.
• You may not upload PDA Course content to your organization’s website.
• You may not resell PDA Course content.
• You may not alter PDA Course content. For instance you may not translate the content, add or remove words from a document, edit a video or incorporate a video into another work.

Your purchase of a PDA Course does not give you a license to, or any other rights in, the Proprietary Materials of PDA or any third party, except for the limited rights of use specifically set forth in these Terms.  All rights not expressly granted to you in these Terms are reserved by PDA and its licensors.

B. Interference and unauthorized access

You agree that you will not: (a) attempt to circumvent user authentication or the security of any account; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of any PDA website or platform; or (c) take any action that imposes an unreasonable or disproportionately large load on PDA’s infrastructure.  If you in any way violate any system or interfere with network security you may incur criminal or civil liability.  PDA will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

C. Prohibition against disclosure of protected information

You are not permitted to disclose, upload, share, furnish, or otherwise provide any information to any PDA website or platform in violation of applicable laws, rules, and regulations, including without limitation information protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or federal law protecting substance abuse treatment records.

II. Disclaimers about PDA Courses

PDA IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING MEDICAL ADVICE, MENTAL HEALTH COUNSELING, OR ANY OTHER ADVICE OF ANY KIND. PDA COURSES AND THEIR CONTENT IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE OR COUNSELING OF PHYSICIANS AND OTHER PROFESSIONAL HEALTH ADVISORS, AND SHOULD NOT BE USED TO DIAGNOSE OR SELECT TREATMENT FOR ANY HEALTH CONDITION OR FOR ADVICE ABOUT THE USE OF MEDICATIONS.  SUCH CONTENT IS TO BE USED FOR EDUCATIONAL PURPOSES ONLY.  ANY INFORMATION OF ANY KIND, INCLUDING MEDICAL INFORMATION, THAT YOU OBTAIN FROM A PDA COURSE ARE USED AT YOUR OWN RISK.

EACH PDA COURSE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION.

PDA DOES NOT WARRANT OR GUARANTEE THAT (1) A PDA COURSE IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) A PDA COURSE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICE WILL NOT CONTAIN DEFAMATORY OR OFFENSIVE STATEMENTS; OR (5) THE WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

A PDA Course may contain links to other websites. Unless otherwise noted, PDA is not affiliated with such websites, and if you use these links, you will leave the PDA website. PDA is not responsible for the policies, privacy practices or the content of such websites.

III. Your liability to PDA if you breach these terms and limits on PDA’s liability to you

A. Your indemnification of PDA

By indicating your acceptance of the Terms, and/or by using a PDA Course, you agree to indemnify, defend and hold harmless PDA and its officers, managers, employees, successors, licensees, assigns, agents, and advisors (collectively the “PDA Parties”) from and against any and all claims, damages, demands, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees and expenses, arising out of or related to (i) your breach of these Terms; (ii) your use or misuse of the PDA Course; and (iii) your violation of any law or the rights of another party.

B. Limitation of PDA’s liability to you

Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided in these Terms, IN NO EVENT WILL THE PDA PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE PDA COURSE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE PDA PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED USD$500.

IV. General terms

A. Privacy Policy

Your use of a PDA Course is subject to PDA’s Privacy Policy available at https://www.patdeegan.com/pages/privacy-policy. 

B. Changes to PDA Courses and suspension of access

PDA may, at any time and for any reason, change a PDA Course or restrict the use of or access to a PDA Course. 

C. Arbitration

Any dispute or claim arising out of or relating to these Terms or your use of a PDA Course will be settled by arbitration administered by the American Arbitration Association in accordance with its rules. Any arbitration will occur in the Commonwealth of Massachusetts unless otherwise agreed by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court in the Commonwealth of Massachusetts having jurisdiction.

D. Governing law and venue

These Terms and their validity, construction and performance will be governed exclusively by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions, and, subject to the Arbitration section above, any action relating to these Terms will be brought in the state and federal courts located in the Commonwealth of Massachusetts. You irrevocably agree to accept the exclusive personal jurisdiction of such courts and waive any objections to such venues, including for the purposes of enforcing the Arbitration section above.

E. Enforceability; Survival

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. All terms and conditions of these Terms which by their nature are meant to survive the termination of your use of PDA Courses will survive such termination.

F. Changes to these terms

PDA may change certain provisions contained in these Terms from time to time and will notify you of any such changes. Your use of a PDA Course following notification of any such changes will constitute your acceptance of such changes. Only an authorized representative of PDA has the authority to propose, or to bind PDA to, changes to these Terms.

Questions or any other communications regarding these Terms should be directed to PDA’s Compliance Officer either by (i) sending an email to [email protected] or (ii) writing to Pat Deegan PhD. & Associates, LLC, P.O. Box 208, Byfield, MA 01922 USA, Attn: Compliance Officer.