TRAUMA-INFORMED EDUCATION, LLC

WEBSITE PRIVACY POLICY

Effective date: February 4, 2021

    This policy applies to information we collect:

    a. On this Site.

    b. In email, text, and other electronic messages between you and this Site.

    c. Through mobile and desktop applications you may download from this Site, which provide dedicated non-browser-based interaction between you and this Site.

    Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

    1. CHILDREN UNDER THE AGE OF 18. Our Site is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@davidtreleaven.com.  
    2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT. We collect several types of information from and about users of our Site, including information:

    a. By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the website collects that is defined as personal or personally identifiable information under an applicable law (“personal information”);

    b. That is about you but individually does not identify you; and/or

    c. About your internet connection, the equipment you use to access our Site and usage details.

    We collect this information:

    a. Directly from you when you provide it to us;

    b. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and 

    c. From third parties, for example, our business partners.

    1. INFORMATION YOU PROVIDE TO US. The information we collect on or through our Site may include:

    a. Information that you provide by filling in forms on our Site. This includes, but is not limited to, information provided at the time of registering to use our Site or used to request further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.

    b. Records and copies of your correspondence (including email addresses), if you contact us.

    c. Your responses to surveys that we might ask you to complete for research purposes.

    d. Your search queries on the Site.

    You can also email on either [email protected] or [email protected]. Important information Access to the water park is included for all guests. In addition, we will not be responsible for: • indirect or any other pecuniary or consequential loss; • losses that were not foreseeable by you and us at the time of you accepting the terms of the User Agreement; • business losses and/or losses to non-consumers (for example loss off business, loss of business information, business interruption and loss of profits); • losses caused by the equipment and devices you use to access the Software and/or Services; • any acts or omissions made by your Internet service provider or other third party with whom you have contracted to gain access to the server that hosts the Site; • failure to provide the Software and/or Services or to meet any of our obligations under the User Agreement where such failure is due to Events Beyond Our Control besteonlinecasinonl.com. While they are falling and as they hit the ground they make all kinds of metallic clanging sounds, but when they hit the ground, you can see that they are really plastic PVC pipes, as several of the pipe ends break off and small pieces fly off them.

    1. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES. As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

    a. Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; and

    b. Information about your computer and internet connection, including your IP address, operating system, and browser type.

    The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

    a. Estimate our audience size and usage patterns.

    b. Store information about your preferences, allowing us to customize our Site according to your individual interests. 

    c. Speed up your searches.

    d. Recognize you when you return to our Site.

    The technologies we use for this automatic data collection may include:

    a. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. 

    b. Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.

    c.Web Beacons. Pages of our the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

    1. HOW WE USE YOUR INFORMATION. We use information that we collect about you or that you provide to us, including any personal information:

    a. To present our Site and its contents (including, but not limited to, content generated by algorithms We use on the site) to you;

    b. To provide you with information, products, or services that you request from us;

    c. To fulfill any other purpose for which you provide it;

    d. To provide you with notices about your account;

    e. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;

    f. To notify you about changes to our Site or any products or services we offer or provide though it;

    g. To allow you to participate in interactive features on our Site;

    h. In any other way we may describe when you provide the information; or

    i. For any other purpose with your consent.

    1. DISCLOSURE OF YOUR INFORMATION. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

    We may disclose personal information that we collect, or you provide, as described in this privacy policy:

    a. To our subsidiaries and affiliates;

    b. To contractors, service providers, and other third parties we use to support or promote our business, including but not limited to Facebook, Google Analytics, PayPal, and InfusionSoft;

    c. To a buyer or other successor in the event of a sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users is among the assets transferred;

    d. To fulfill the purpose for which you provide it; 

    e. For any other purpose disclosed by us when you provide the information; and

    f. With your consent.

    We may also disclose your personal information:

    a. To comply with any court order, law, or legal process, including to respond to any government or regulatory request;

    b. To enforce or apply our terms of use and other agreements; or

    c. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. 

    1. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

    Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or sending us an email stating your request to support@davidtreleaven.com.

    1. ACCESSING AND CORRECTING YOUR INFORMATION. You may send us an email at support@davidtreleaven.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
    1. YOUR PRIVACY RIGHTS AS A CALIFORNIA RESIDENT. The California Consumer Privacy Act (“CCPA” or “Act”) grants residents of the State of California certain privacy rights in their personal information. This Section only applies to visitors and users of our website who are California residents (hereinafter “you” or “consumer”). This Notice does not apply to personal information collected from California-based employees, owners, or contractors.

    We may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“CCPA personal information”). CCPA Personal information does not include:

    1. Publicly available information from government records;
    2. Deidentified or aggregated consumer information; and
    3. Information excluded from the CCPA’s scope.

    We currently collect, or have collected within the last 12 months, the following categories of CCPA personal information from consumers:

    Category Examples Collected
    Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
    Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

    A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

    Some personal information included in this category may overlap with other categories.

    		 YES
    Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
    Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
    Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
    Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. NO
    Geolocation data. Physical location or movements.  NO
    Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
    Professional or employment-related information. Current or past job history or performance evaluations. NO
    Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.  NO
    Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

    The CCPA provides California residents with the right to request that we disclose:

    1. Categories of any personal information we collected about you;
    2. Specific pieces of personal information we collected about you;
    3. Categories of sources for any personal information we collected about you;
    4. Our business or commercial purpose for collecting that personal information;
    5. Categories of any third parties with whom we shared your personal information;
    6. Categories of any personal information we disclosed about you for a business purpose;
    7. Your right to request that we delete any personal information about you that we collected from you, subject to certain exceptions outlined below; and
    8. our right not to receive discriminatory treatment for the exercise of your privacy rights conferred by CCPA.

    By availing yourself to any of the rights afforded in this Privacy Notice you are declaring that you are a California resident.

    Requests to Know or Delete CCPA Personal Information

    You have the right to request that we disclose to you or delete any CCPA personal information collected from you. To make such a request, please send an email or write us at:

    Trauma-Informed Education, LLC

    Attn: Website Terms of Service

    41 Martens Blvd

    San Rafael, CA 94901

    United States

    support@davidtreleaven.com

    Once we receive and confirm your request, we will provide you with your CCPA personal information, or delete the information from our records unless an exception applies. The CCPA provides that we are not required to comply with a request to delete personal information if the information is necessary for us to:

    1. Comply with a legal obligation;
    2. Complete the transaction for which the information was collected, provide a good or service you requested, perform a contract with you, to fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or take actions reasonably anticipated in the context of our ongoing business relationship with you;
    3. Detect security incidents, protect against deceptive, malicious, fraudulent or illegal activity, or to prosecute those responsible for that activity;
    4. Debug products, services or applications to identify and repair errors that impair existing functionality;
    5. Exercise free speech, to ensure the rights of others to exercise their free speech rights, or to exercise another right provided by law;
    6. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.);
    7. Enable solely internal uses that are reasonably aligned with consumer expectations based upon your relationship with us; or
    8. Make other internal and lawful uses of the information that are compatible with the context in which you provided the information.

    Before we respond to any request involving personal information, the CCPA requires that we confirm the identity of the person making the request, and if the request is made on behalf of another person, his or her authority to make the request on the other person’s behalf. We are not obligated to provide or to delete any information pursuant to your request if we are unable to adequately verify your identity or the identity of the person making the request on your behalf. Accordingly, we reserve the right to deny any request where we are unable to satisfactorily confirm your identity. If you have authorized someone to make a request on your behalf, we reserve the right to deny the request if we are unable to adequately verify the identity of that person or if we are unable to verify that the individual making the request is authorized to act on your behalf.

    Limitations on Disclosures of CCPA Personal Information

    We are not obligated under the CCPA to respond to any request where compliance or disclosure would violate an evidentiary privilege under California law, or conflict with federal or state law. The CCPA does not require that we provide personal information to a consumer more than twice in a twelve-month period; any disclosures we make will only cover the twelve (12) month period preceding the request.

    We will not charge a fee to process or respond to your request and will provide information free of charge. Where a person’s requests are repetitive, manifestly unfounded or excessive, the CCPA authorizes us to either charge a reasonable fee that takes into account our administrative costs or refuse to act on the request and notify the person making the request our reason for refusing the request. If we determine that a request warrants a fee, we will explain our decision and will provide you with a cost estimate.

    Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights. This means, for instance, that we will not deny you services, charge you a different price, including a discount or other benefit or impose a penalty for the exercise of your CCPA rights.

    1. YOUR PRIVACY RIGHTS AS A VISITOR FROM OUTSIDE THE UNITED STATES. If you are visiting our website from outside the United States, any information you voluntarily provide via our website and any technical information from your browser will be transferred out of your country and into the U.S. The laws and protections available to the privacy of your personal information in the U.S. may significantly differ from the protections available in your country. Personal data transferred to the U.S. may be subject to lawful access requests by state and federal authorities in the U.S. If you do not want any personal information to be transferred to the U.S., please do not provide that information to us via our website. 

    Visitors from the European Union

    For purposes of the General Data Protection Regulation (“GDPR”), we are the data controller for any personal information provided via our website. We do not have a data protection officer in the EU. Any information that you provide to us will be stored in the United States; we do not intend to transfer your personal data to another country or international organization. We will retain any personal information that you provide via our website for seven (7) years from the date you provided or last updated that information, unless you request that information be deleted at an earlier date.

     To exercise any of the rights granted to natural persons by the GDPR involving the privacy of their information, please send an email or write us at:

    Trauma-Informed Education, LLC

    Attn: Website Terms of Service

    41 Martens Blvd

    San Rafael, CA 94901

    United States

    info@davidtreleaven.com

    We will review any requests we receive and will endeavor to respond in a timely manner. For security reasons, we may request specific information from you to help us confirm your identity before taking action on any request, and to ensure your right of access and the exercise any of GDPR right does not adversely affect the rights of others.

    We reserve the right to refuse to act on a request, or to charge a reasonable administrative fee when a request is either manifestly unfounded or excessive because of its repetitive character.

     

    1. DATA SECURITY. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

     

    1. CHANGES TO OUR PRIVACY POLICY. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this privacy policy to check for any changes.

     

    1. CONTACT INFORMATION. To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

    Trauma-Informed Education, LLC

    Attn: Website Terms of Service

    41 Martens Blvd

    San Rafael, CA 94901

    United States

    support@davidtreleaven.com

     

    TRAUMA-INFORMED EDUCATION, LLC

    WEBSITE TERMS OF SERVICE

    1. ACCEPTANCE OF TERMS OF SERVICE. These Terms of Service apply when you use or browse any website owned or operated by TRAUMA-INFORMED EDUCATION, LLC, a California limited liability company (“TIE”, “Company”, “We”, or “Us”), including the website(s) www.davidtreleaven.com; www.advancedtsmcourse.com; www.traumaandmindfulness.com; www.traumainformededucation.org; www.traumasensitivemindfulness.com; and www.tsmtrainingprogram.com (collectively, the “Site”). 

    By using or browsing the Site or accessing any information while using or browsing the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Service, our Privacy Policy (found at [insert PP URL]), which is incorporated into these Terms of Service by reference, and all applicable laws and regulations. 

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICE.

    YOU FURTHER AGREE THAT BY USING THIS SITE, YOU ARE AT LEAST 18 YEARS OLD, OR, IF LESS THAN 18 YEARS OLD, THAT YOU HAVE THE CONSENT OF A PARENT OR GUARDIAN TO USE THIS SITE, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. 

    It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Site. 

    1. CHANGES TO TERMS OF SERVICE. TIE may change these Terms of Service at any time and without any notice to you, so we suggest that you periodically visit this page to review these Terms and Conditions. All changes are effective immediately when we post them. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
    1. OUR SERVICES. TIE does not provide medical services, clinical therapeutic services, or health advice. Nothing in the Site or Service should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The Site and Service do not constitute the practice of any medical, therapeutic, clinical, psychological, psychiatric, or other professional health advice, diagnosis, or treatment. No one acting on our behalf is a clinical therapist or any other licensed healthcare provider. Accordingly, your use of the Site does not create a fiduciary relationship between You and Company. 

    You understand that we do not suggest or advise for any of your medical care to be terminated. You understand that the decisions you make regarding your healthcare are your responsibility and that we are not responsible for any consequences of your decisions, medical or otherwise. 

    You understand that you may experience uncomfortable feelings or memories through our services, and that if uncomfortable feelings or memories persist, you are encouraged to seek counseling with a licensed health professional. If you are concerned about your mental health, or you are physically addicted to any drug, including alcohol, please contact your healthcare provider.

    If you are thinking about harming yourself in any way, please dial a local emergency number or go to your nearest emergency room. Help is available. You can also contact the following additional resources for any mental health crises:

    NAMI (Monday-Friday, 10 am–6 pm, ET)

    telephone hotline: 1-800-950-NAMI (6264)

    email: info@nami.org

    Crisis Text Line (24/7)

    Text HOME to 741-741 (USA)

    Text HOME to 85258 (UK)

    Text HOME to 686868 (CANADA)

    The above resources will provide you with information that is specific to your type of crisis and location, including referrals to nearby emergency services, mobile mental health, and other resources.

    1. ACCESSING THE SITE AND ACCOUNT SECURITY. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

    You are responsible for:

    1. Making all arrangements necessary for you to have access to the Site.
    2. Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.

    To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms of Service.

    1. INTELLECTUAL PROPERTY RIGHTS. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

    1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
    2. You may store files that are automatically cached by your Web browser for display enhancement purposes;
    3. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
    4. If we provide links to Sites or applications owned or operated by a third party (for example, to our social media accounts), you may take such actions as are enabled by such features.

    You may not:

    1. Modify copies of any materials from this site;
    2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; 
    3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
    4. Except with our prior written consent, access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

    Trademarks

    Our Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors; the term TRAUMA-SENSITIVE MINDFULNESS is a federally registered trademark of the Company. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

    1. USE OF THE SITE. You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
    1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
    2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
    3. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

    You are also prohibited from violating or attempting to violate any security features of the Site, including, without limitation:

    1. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; 
    3. Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” 
    4. Using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; 
    5. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or 
    6. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. 

    Any violation of system or network security may subject you to civil and/or criminal liability.

    1. USER CONTENT. The Site may contain message boards, chat rooms, personal web pages or profiles, newsletters, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Content”) to Us or to other users (collectively, “Posting” on the Site). By Posting on the Site, you:
    1. Grant Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content;
    2. Grant Company the right to use your name, image, likeness, and voice in still photos, slides, video, voice recorded productions, radio coverage, television coverage and/or any other media, now and in the future, for the purpose of promoting, advertising, and marketing Company and its services, if any such information is included in User Content.  You waive all claims against Company for such use;
    3. Agree that Company may publish or otherwise disclose your name and location in connection with your User Content; and
    4. Warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

    You will not be compensated for Posting any User Content. 

    1. INAPPROPRIATE CONTENT. In connection with your use of the Site, You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that: 
    1. Is libelous, defamatory, obscene, pornographic, abusive, or threatening; 
    2. Creates a false identity for the purpose of misleading others;
    3. Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
    4. Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
    5. Uses any part of the Site for surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; 

    Company reserves the right to terminate your use of the Site and Services, and your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

    1. ALLEGED COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. 

    If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: 

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; 
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
    3. Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; 
    4. Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

    For this notification to be effective, you must provide it to our designated agent either by email or first-class mail at:

    Trauma-Informed Education, LLC

    Attn: Copyright Agent

    41 Martens Blvd

    San Rafael, CA 94901

    United States

    info@davidtreleaven.com

    1. BILLING AND PAYMENT. TIE uses third-party payment service(s), including InfusionSoft/Keap, Authorize.net, and/or PayPal (each, a “Payment Service”) to facilitate orders and payments made by users. These payment services are made available on the Site via an integrated application owned and operated by the third-party Payment Services, not TIE. 

    To learn more about InfusionSoft/Keap, please visit: https://keap.com/legal/terms-of-service

    To learn more about PayPal, please visit: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full

    Prices

    All prices posted on the Site are subject to change without notice. The price charged for a product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email

    Order Acceptance and Cancellation

    By placing an order to purchase a product or Service on our Site, you agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between TIE and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before 7 days after ordering any product, which can be done by emailing our support team at support@davidtreleaven.com. 

    Authorized Payments are Final 

    User’s use of the Site, Service, or Payment Service constitutes your agreement to pay for any amounts, which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When You accept the Service: (a) TIE shall have no further liability to any party with respect to payment for such services, (b) You acknowledge that TIE has provided a complete service with respect to the payment made by You for the assumed payment liability or Invoice, as applicable; and (c) You hereby release TIE from any and all liability with respect to such payment.

    Returns and Refunds

    Except for any products designated on the Site as non-returnable, we will accept a return of any products purchased from us for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 7 days of payment and provided such products are returned in their original condition. To return products, you must email support@davidtreleaven.com and request a refund You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

     

    Fraudulent Transactions; Erroneous or Duplicate Transactions; Chargebacks 

    TIE reserves the right to seek reimbursement from you, and you will reimburse TIE, if TIE discovers a fraudulent transaction, erroneous or duplicate transaction, or if TIE receives a chargeback or reversal from any credit card, company bank, or PayPal for any reason. You agree to and acknowledge TIE’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by TIE in an effort to investigate fraud. You agree that TIE has the right to obtain such reimbursement by deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your account.

     

    Payment Default

    In the event of default in payment of any payment owing to TIE under these Terms of Use, TIE reserves the right to: (a) charge you interest at a rate of 1.25% of any balance due on any unpaid amount, if such amount goes unpaid for more than 30 days from its due date; (b) refuse you access to the Site or Service until all payments, including any applicable interest, are made; and (c) undertake legal action to collect said payment. 

    1. TERMINATION. We reserve the right to terminate your use of the Site in our sole discretion. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. We reserve the right not to disclose the existence or occurrence of such an investigation unless required by law, but we also reserve the right to terminate your account or your access to the Site immediately, with or without notice, if we believe that you have violated any of the Terms of Service, furnished us with false or misleading information, or interfered with use of the Site by others.

     

    1. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES.

    COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE SITE. 

     

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

    IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE SITE OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.

    COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY CONTENT AVAILABLE ON THE SITE.

     

    1. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH:

     

      1. YOUR USE OF THE SITE OR ANY OTHER MATERIALS, INFORMATION, OR SERVICES PROVIDED TO YOU BY COMPANY,
      2. .YOUR INTERACTION WITH ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE,
      3. ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM OR LOSS TO YOU OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SERVICES PROVIDED BY TIE OR THROUGH THE SITE.  

         

        THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

        FURTHER, YOU RELEASE COMPANY FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF COMPANY OR ANY OF COMPANY’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.

        IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY’S VIOLATION OF A STATUTE. 

        IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

        YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

         

        1. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Site, including your negligent use of the Site; your violation of these Terms of Service; your violation of the representations, warranties, or covenants set forth in these Terms of Service (including but not limited to those related to compliance with health and safety regulations); any misrepresentations, defective products, or breach of any warranties or agreements made by you in connection with your use of the Site; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

         

        1. COPYRIGHT. All contents of Site or Service are: Copyright © 2020 Trauma-Informed Education LLC. All rights reserved.

         

        1. BINDING ARBITRATION; CLASS ACTION WAIVER. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Trauma-Informed Education, LLC, attn: Legal,

          41 Martens Blvd, San Rafael, CA 94901, United States, and support@davidtreleaven.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration

        If a dispute arises from or relates to these Terms of Service or the breach thereof, including the determination of the scope or applicability of this agreement to arbitrate, and if the dispute cannot be settled through direct discussions as outlined above, then the remaining dispute shall be settled by binding arbitration administered by an arbitrator through a reputable arbitration association such as the American Arbitration Association.  All disputes shall be mediated and arbitrated in Alameda, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may not engage in class or representative arbitration.

        You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

        You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Trauma-Informed Education, LLC, attn: Legal, 41 Martens Blvd, San Rafael, CA 94901, United States and support@davidtreleaven.com. The notice must be sent within thirty (30) days of (a) the most recent Effective Date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. 

        If you opt out of these arbitration provisions, TIE also will not be bound by them. If TIE changes this Section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the Effective Date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and TIE in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

        YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND TIE REGARDING ANY ASPECT OF THE SERVICE AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

        1. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
        1. NO LICENSE. Except as otherwise provided herein, nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
        1. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in locations outside of the United States. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
        1. ENTIRE AGREEMENT. These Terms of Service, and all agreements incorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between you and the Company pertaining to the subject matter of these Terms of Service, and supersedes all other prior or contemporaneous oral or written understandings and agreements between you and the Company.
        1. SUCCESSORS. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.
        1. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE