Cummings Graduate Institute 

for Behavioral Health Studies, Inc.

Terms and Conditions of Use


Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Cummings Graduate Institute for Behavioral Health Studies, Inc. digital or downloadable resources, online course, one-on-one or group class, program, seminar, workshop, or training, or enter any online private forums operated by Cummings Graduate Institute for Behavioral Health Studies, Inc.(for any purpose), whether on a website hosted by Cummings Graduate Institute for Behavioral Health Studies, Inc. or a third-party website such as an online course platform or facebook.com (collectively “the Program”).

If you do not agree with these TOU, you may not use the Program.

As used in these TOU, the term “Releasees” is defined to include: (i) Cummings Graduate Institute for Behavioral Health Studies, Inc., its subsidiaries, affiliated companies, owners, members, managers, shareholders, directors, officers, past and present employees, agents, instructors, coaches, representatives, successors and assigns (collectively, the “Institute” or “us”), and (ii) any Institute volunteers.

 

1.     Participants

The Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. The Institute hereby disclaims all liability for use by individuals under the age of 18.

 

2.     Payment and Refunds

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Institute, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Institute is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).


If your payment is not received when due, you will not be granted, or will lose, access to the Program and we reserve the right to terminate your access to the Program and all Content (defined below) immediately and permanently. 

 

If you fail to make payment in a timely manner in accordance with these TOU or voluntarily decide to withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program.  Institute reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Institute for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.

 

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card Institute or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

3.     Intellectual Property Rights

a.     Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Institute website, any third-party website the Institute may use to distribute or host the Program, and contained in e-mails sent to you by the Institute, as well as the look and feel of all of the foregoing (collectively “the Content”) is property of the Institute and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

b.     The Institute’s Limited License to You:

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 


This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only or use in your own practice.   

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, colleagues, co-workers, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by using them generally in your own practice). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Institute property.  Any unauthorized use of any materials found in the Program or Content shall constitute infringement. 

 

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

 

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Institute, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

c.      Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay the greater of $5,000 or liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, in addition to any legal or equitable remedies the Institute may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to us that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.

d.     Your License to the Institute; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Institute during the Program that may contain you, your voice and/or your likeness. The Institute may request your consent to use these photographs, videos, and or/audio recordings. 

 

The Institute may also request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising.

 

If you grant such consent, you agree that the Institute, and anyone authorized by Institute, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Institute’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 

 

You acknowledge that we have the right but not the obligation to use Your Material and that we may elect to cease the use of Your Material in the Program or in our Content at any time for any reason.

 

This means, if we ask and you agree, you give the Institute permission to use anything you submit or post in the Program or any third-party forum or website operated by the Institute, or anything captured by the Institute during your participation in the Program, including images in which your face is visible and recognizable.  

 

e.      Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to TOU@cgi.edu. 

 

If you are granted permission by the Institute, you agree to use only the specific Content that the Institute allows and only in the ways for which the Institute has given you its written permission. If you choose to use the Content in ways that the Institute does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

 

4.     Your Conduct in the Program; Confidentiality

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Institute and any third-party forums operated by the Institute. Any material you post on the Institute’s website or in any third-party forums operated by the Institute may become public.

 

The Institute is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.

 

You agree to keep all information you learn about other Program participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Institute’s website and any third-party forums operated by the Institute, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

 

The Institute, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Institute’s and any third-party forums operated by the Institute.  The Institute does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Institute neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Institute website or any third-party forums operated by the Institute. The Institute shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Institute website and any third-party forums operated by the Institute.

 

You are strictly forbidden from the following:

 

• Causing damage to any Institute website or third-party forums operated by the Institute

• Using any Institute website or third-party forums operated by the Institute for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Institute website or third-party forums operated by the Institute to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using any Institute website or third-party forums operated by the Institute to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from any Institute website or third-party forums operated by the Institute

 • Sharing private and proprietary information from the Program with anyone else

 

5.     Username and Password

To access certain features of the Program, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Institute has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Institute has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Institute’s website Privacy Policy.

 

6.     Cancellation/Termination

The Institute reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Institute.

 

7.     Certificate of Completion; Procedure to Obtain Credit for a Course; Affiliation

Following your successful completion of a course through the Program, the Institute will deliver a certificate of completion to the email address associated with your user account. The Institute will not transmit your certificate of completion to any third party. If you wish to receive credit from any third party for completing the course, you must transmit your certificate of completion to that third party.


Parts of the Program (including, but not limited to, those offered for continuing medical education credit) may be, but the Institute does not guarantee that any of them will be affiliated with or sanctioned by any specific accreditation, licensure or testing board. The Institute does not guarantee that a practice exam or practice questions will be included with any exam preparation course or offering.

 

8.     Personal Responsibility, Assumption of Risk, Release, Disclaimers

a.      You acknowledge that, by engaging with the Institute for the Program, you knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your  participation in the Program, whether or not caused by the active or passive negligence of the Releasees.


In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Institute for the Program.

 

b.     The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Institute disclaims any liability for your reliance on any opinions or advice contained in the Program.

 

c.      Earnings and Results Disclaimer.  You agree that the Institute has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program.  The Institute cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

 

d.     Any links to third-party products, services, or sites are subject to separate terms and conditions. The Institute is not responsible for or liable for any content on or actions taken by such third-party Institute or website. Although the Institute may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

 

e.      The Institute tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Institute cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

 

f.      THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INSTITUTE DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

g.     THE INSTITUTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

 

9.     Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Institute cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Institute, you accept that you do so at your own risk.


10. Nondiscrimination Statement  

Cummings Graduate Institute does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

 

 

11. Complaints/Grievances

The Institute hopes to provide you with a positive Continuing Education experience. We continually evolve through responses provided through Course Evaluations and other forms of feedback.

If you are dissatisfied with any aspect of your learning experience, please review the following procedures to address any concerns or grievances. Specifically, please inform us of any issues concerning complaints about course content or instructor, dissatisfaction with facilities used for education events, issues pertaining to non-receipt of certificates, or any other occurrences.

We value your input and hope to resolve any grievances in a fair and timely manner.

  1. Submit a  Grievance Form via email at Complaint/Grievance Form

  2. Submitted Grievance Forms will be reviewed by our organizational Compliance Team

  3. The Compliance Team will respond in writing in a timely manner to arrange a time to discuss the issue

  4. Participants will be provided the opportunity to support allegations however brief or informal, if needed

  5. It is CGI’s goal to make a fair decision to achieve a resolution 

  6. Information from the grievance will be used to improve future courses and education experiences

Contact: Compliance Team

Email: Compliance@cgi.edu

Call: 480-285-1761 

Mail: The Cummings Graduate Institute for Behavioral Health Studies

2111 E. Baseline Rd. Suite E1

Tempe, AZ 85283

United States of America

 

12.  Jurisdiction, Venue

 These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws. The nearest state and federal court to Phoenix, Arizona shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

 

13.  Users Outside United States

The Institute controls and operates the Program from offices in the United States. The Institute does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

14.  Indemnification

You agree to defend, indemnify, release, and hold harmless the Institute and any shareholders, directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Institute’s website or any third-party forum or website operated by the Institute, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Institute) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Arizona, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

 

The Institute may change, modify or update these TOU at any time. Any access or use of the Program or Content by you after the Institute publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact TOU@cgi.edu.

 

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content.

 


Last updated:  July 16, 2021