EVRYMAN Inc. Online Programs Participation Agreement
TERMS AND CONDITIONS
EVRYMAN Inc. Online courses and programs are for educational purposes only. EVRYMAN and its instructors, employees and volunteers are not liable for possible damage incurred as a direct or indirect consequence of using the contents, advice or interpretation thereof, of any of our courses, programs, web content or email communication, and are not intended to be a substitute for professional medical or mental health advice, diagnosis or treatment. Always seek the advice of your physician, psychiatrist or psychologist, or other qualified health care providers with any questions you may have regarding a medical or psychological condition or treatment and before undertaking a regimen, and never disregard professional medical or mental health care advice or delay in seeking it because of something you have learned in a course, program, email, suggested practice, community forum, or on our website.
Your spoken questions and/or comments during the course may be recorded, copied, transcribed, and distributed by EVRYMAN Inc. and used in perpetuity, and you consent in advance to these uses, as well as to the use of your image should you appear on a course video.
EVRYMAN reserves the right at its sole discretion to refuse admittance into any course or program, or to terminate and refund the registration of any individual from any course or program it offers at any time. EVRYMAN also reserves the right to cancel the registration without refund of any participant who defaults on their tuition payment agreement, and to remove individuals from conference calls and course community forums on Facebook or other platforms when deemed necessary to preserve the well-being of the group and its members, faculty and staff.
EVRYMAN also maintains the right, but not the obligation, to monitor the content of its course forums, social media pages and websites, and to remove any material or postings determined by EVRYMAN to be inappropriate, destructive or otherwise objectionable, including but not limited to posts promoting other businesses or services, discussions not relevant to the specific course content, hostile or inflammatory remarks, and may remove such posts at its sole discretion and without notice.
Due to contractual arrangements with faculty members and other important factors, sharing of course materials and access to the course website and Facebook group page with those who have not registered for the course is strictly not allowed. The only exc
Voluntary Participation. I confirm that my participation in any and all Activities is purely voluntary, and that I may decline to participate in any of the Activities at any time.
While participating in EVRYMAN programs, I will learn details of and experience how the Training and the Activities are conducted, in both oral,written and electronic form, which are proprietary and owned exclusively by EVRYMAN (the "Proprietary Information"). In addition, I may learn during the course of the Training information about other participants which is confidential (the "Confidential Information"). As an express condition of my participation in the Training, I agree that I will not reproduce, duplicate, or copy, in any form or manner, any Proprietary Information without the express written permission of EVRYMAN. I further agree that I will not disclose in any form or manner, written or oral, any Confidential Information which I learn as a result of my participation in the Training and Activities I may, however, share my personal experience of the Training as long as I do not disclose any Confidential Information. Furthermore I agree that I will not record, photograph or video any participant in the Training or Activities and if I do I shall not publicly disseminate, publish, list on any social media any such recordings, photographs or video without the express written permission of such participant(s).
EVRYMAN Promise of Confidentiality. EVRYMAN agrees to maintain the confidentiality of Confidential Information as stated above, excepting only that, if any fact, information or incident is disclosed to staff or other participants which is required by state law to reported then such confidentiality shall not apply.
Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that despite my agreement to the contrary in this Agreement, should any claim or cause of action of any kind be brought against EVRYMAN as a direct or indirect result of my participation in the Activities or Training, it must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the state of Delaware. If after four (4) sessions, mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration. Any such arbitration will be held in Delaware and Delaware substantive law will apply without regard to choice of law principles or where I may reside. I agree that any resulting arbitration award is final and binding upon both EVRYMAN and upon me and my Heirs, executors and assigns, and by executing this Agreement I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against EVRYMAN notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in Delaware. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association ("AAA"), with AAA rules to apply, and/or the Federal Mediation and Conciliation Service, or from any other mutually agreeable source. Should a claim be brought contrary to this Agreement and EVRYMAN must bring an action in State or Federal Court to enforce the terms of this Agreement then EVRYMAN shall be entitled to all costs and fees, including reasonable attorneys' fees associated with enforcing the terms of this Agreement.
I understand fully that by signing this Agreement, I waive my legal rights both to assert certain claims against EVRYMAN and to sue or otherwise assert any claims in a court of law. I agree that any dispute between EVRYMAN and me, or anyone representing me, or otherwise arising out of my participation on the Activities and the Training, must be submitted to final and binding arbitration. I represent that I am 18 years or older at the time of agreeing to the Agreement. I fully understand the consequences of this waiver and acknowledge that I have had ample opportunity to ask questions regarding this Agreement and to consult with counsel of my choosing. I have read the Agreement in its entirety, I understand the content and implications of the document, I sign this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.
You are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.