Mailing address

Association for Comprehensive Energy Psychology (ACEP) 

28 Garrett Ave. Suite 100 

Bryn Mawr, PA. 19010 USA 

Home Office Phone, Skype & Fax 

ACEP Main Phone: 619-861-2237
ACEP EFT Questions: 484-380-2448 

Skype: leslie.acep 

Fax: 484-418-1019

ACEP Staff 

Robert Schwarz, PsyD, DCEP, Executive Director
Email: 
acep_ed@energypsych.org 

Leslie Primavera, Office Manager/Certification Coordinator
Phone: 619-861-2237
Email: 
admin@energypsych.org 

Cynthia Joba, Director, Outreach & Communications
Email: 
cjoba@energypsych.org 

Susan Carney, Admin Assistant/CE Coordinator
Phone: 484-380-2448
Email: 
Scarney@energypsych.org 

ACEP - Association for Comprehensive Energy Psychology

Terms of Service


Last updated: September 28, 2021


PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE AND/OR THE SERVICES. BY USING THIS WEBSITE AND/OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND/OR THE SERVICES.


1. Scope


These Terms and Conditions of Service (“Terms”) apply exclusively to your access to, and use of: 



  • ACEP’s website, www.energypsych.org, the websites listed in the Section 17, below, labeled “Additional Websites Subject to these Terms” and all associated subdomains (including any versions optimized for viewing on a wireless or tablet device) (hereinafter collectively referred to as the “Websites”);

 


  • The online services or software offered by way of the Websites;



  • All email newsletters that may be published or distributed by ACEP;



  • All other interactive features and communications provided by ACEP, however accessed and/or used, that are operated by ACEP, made available by ACEP, or produced and maintained by ACEP; and 



  • Any other website, application, service, or tool on or in which these Terms are posted, linked, or referenced (all of ACEP’s digital services, including the Websites, are hereinafter collectively referred to as the “Services”).



This is a legal agreement between you (referred to herein as “you” or “user”) and ACEP (referred to herein as “ACEP,” or “we,” “us,” or “our”) that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of ACEP’s rules and policies collectively constitute this “Agreement” between you and ACEP. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS STATED HEREIN, PLEASE DO NOT USE THE SERVICES AND DELETE THE WEBSITES FROM YOUR DEVICE.


2. Privacy Policy


These Terms must be read in conjunction with our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein.


For information on how ACEP collects, uses, and discloses personally identifiable information from its users, please refer to our Privacy Policy https://energypsych.org/privacypolicy


3. Copyright, Ownership, and Limited License


Unless otherwise indicated in the Services, the Services, including all content and other materials featured or displayed on the Websites, and further including, without limitation, all trademarks, service marks, designs, still images, texts, pictorial works, video images, still images of video, graphics, pictures, information, data, software, methods, inventions, audio recordings, sound files, other files, multimedia combinations, computer programs including web-based programs, and the selection and arrangement thereof on the Websites (collectively, the “ACEP Content”) are owned by ACEP, its affiliates, agents, joint venturers, licensors, partners, suppliers, users, or other parties involved in creating, producing, or delivering the Services, and are protected by United States and international copyright, trademark, and other intellectual property laws.


Permission is granted to access and use the Services and to display, copy, print, and download the ACEP Content for personal, non-commercial use only, in accordance with these Terms and the other rules and restrictions contained in the Services. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein or as expressly indicated in the Services, none of the ACEP Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ACEP or the copyright owner.  


You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the ACEP Content, except as follows:



  • Your computer may temporarily store copies of such ACEP Content in RAM incidental to your accessing and viewing those materials.



  • You may store files that are automatically cached by your web browser for display enhancement purposes.



  • You may print or download one copy of a reasonable number of pages of the Websites containing ACEP Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.



  • 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.


 

  • If you give appropriate credit, you may make editorial use of ACEP Content to the extent ACEP owns the rights to authorize such use. To clarify your right to use ACEP Content and the appropriate credit, please contact us at admin@energypsych.org.



  • If we provide social media features such as sharing to Facebook, Instagram, Twitter, Snapchat, Pinterest, or any other social media platforms or services (collectively, “Social Media”), you may take such actions as are enabled by such features.



In addition, you agree that such permission does not include:



  • Any commercial use or any resale or redistribution of the ACEP Content;



  • The distribution, public performance, or public display of any ACEP Content;



  • The modification, deletion, or alteration of any copyright, trademark, or other proprietary rights notices from copies of the ACEP Content;



  • Downloading (other than the page caching) or “mirroring” of any portion of the Services, ACEP Content, or any information contained therein, except as expressly permitted by the Services; or



  • Any use of the Services or ACEP Content other than for its intended purpose.



The permission given to you terminates automatically if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained as part of the Services may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).


4. Repeat Infringer Policy


ACEP respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. 512) (“DMCA”) and other applicable law, ACEP has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, access to the Services by any users who are deemed to be repeat infringers. ACEP may also, at its sole discretion, limit access to the Services and/or terminate the access to the Services by any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).


5. Contact for Alleged Copyright Infringement


If you believe that your work has been copied and posted via the Services in a way that constitutes copyright infringement, please notify our agent, designated under the DMCA to respond to such concerns, with the following information:



  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;



  • A description of the copyrighted work that you claim has been infringed;



  • A description of where the material that you claim is infringing is located on the Websites;



  • Your address, telephone number, and email address;



  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and



  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.



ACEP’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at:

 

ACEP

Attn: Robert Schwarz, Executive director

28 Garrett Avenue

Bryn Mawr, PA 19019

admin@energypsych.org


With a copy to: 

Judith McCarthy, Esq.

5275 Germantown Ave.

Philadelphia, Pennsylvania 19144

 Judith@cheshirenonprofitlaw.com 

 

This contact information is only for reporting alleged copyright infringements. Contact information for other matters is provided elsewhere in these Terms and on the Websites. Upon receipt of notice as described above, ACEP will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Services, in accordance with applicable law.


6. Trademarks


ACEP and any other product or service name or slogan contained in the Services are trademarks of ACEP, its affiliates, joint venturers, licensors, partners, or other respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ACEP or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “ACEP,” or any other name, trademark, or product or service name of ACEP without our prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of ACEP and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference to any products, services, promises, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by ACEP.


7. Third Party Sites Linked from the Services; Third Party Content


The Services may contain links to or may frame third party websites (“Third Party Sites”) and may contain or link to third party information, materials, communications or other content (collectively the “Third Party Content”). Such Third Party Content and Third Party Sites are not under ACEP’s control, and ACEP does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content, or any products or services offered by any third parties on the Services or on any Third Party Site. ACEP does not intend links on the Services to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. ACEP does not warrant that a Third Party Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. Your use of Third Party Sites or Third Party Content, or any third party products, services, applications, or software, is at your own risk and subject to the terms and conditions or the provider.


8. Sites Linking to the Services


ACEP permits third party websites to link to the Services, including the Websites and ACEP Content provided therein, subject to the third party’s compliance with the following conditions. A site that links to the Websites:



  • May link to, but not replicate, ACEP Content contained in the Services;



  • Must not create a border environment or browser around ACEP Content contained on the Services, and must not frame or provide inline links to the Services;


 

  • Must not portray ACEP in a false, misleading, derogatory, or otherwise defamatory nature;


 

  • Must not misrepresent ACEP’s relationship with the linker;


 

  • Must not suggest or imply that ACEP is endorsing or sponsoring the linker or the linker’s services or products;


 

  • Must not use ACEP Content without prior written permission from ACEP;



  • Must not contain content that could be construed as obscene, offensive, harassing, libelous, defamatory, pornographic, or inappropriate for all ages;


 

  • Must not contain materials that would violate any laws; and


 

  • Must agree that the link may be removed at any time upon ACEP’s request pursuant to ACEP’s reserved rights to rescind its consent to allow the link.



9. Comments and Materials


Any comments or materials sent to ACEP (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding the Services or any other products or programs of ACEP (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of ACEP. You hereby assign all rights in such Feedback to ACEP, and ACEP shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, ACEP shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute such Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.


10. User Content and Interactive Services


The Services may include discussion forums, user generated content, or other interactive areas or services (“Interactive Services”), including message boards, online hosting or storage services, or other areas or services in which you or other users create, post, or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code, or other items or materials through the Services, including on the Websites (“User Content”). You are solely responsible for your use of such Interactive Services and use them at your own risk. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all of your acts and omissions.  


By using the Services, including any Interactive Services, you agree that you will not do any of the following or encourage, solicit, assist, or encourage any third party to:



  • Post, upload, email, transmit, distribute, store, create, or otherwise publish or make available through the Services any User Content that:



  • is unlawful, libelous, defamatory, vulgar, obscene, pornographic, sexually explicit, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, hateful, or racially, ethnically or otherwise objectionable;



  • would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;



  • includes private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;



  • may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;



  • includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;



  • impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;



  • contains, in any form, software viruses or such programs including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;



  • in the sole judgment of ACEP, may endanger or otherwise affect ACEP’s tax exempt status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation; or



  • in the sole judgment of ACEP, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Services or the Services, or which may expose ACEP or its users to any harm or liability of any type.



  • Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Services, including but not limited to interference with or disruption to ACEP’s servers, the Websites, networks connected to the Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Websites;



  • Attempt to gain unauthorized access to the Services, computer systems, or networks connected to the Websites or its users;



  • Attempt to hack, decompile, or reverse engineer any portion of the Services;



  • Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the Services, except as expressly authorized by ACEP, provided that, unless otherwise determined by ACEP, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;



  • Harvest or collect email addresses or other contact information of users from the Services by electronic or other means;



  • Interfere with another user’s use and enjoyment of the Services;



  • Harm minors in any way; 



  • Take any steps to interfere with or in any manner compromise or circumvent any of ACEP’s Privacy Policy or other security measures, or allow usage by others in such a way as to violate these Terms, the Privacy Policy or any other applicable agreements or policies in effect from time to time; or



  • Use the Services for any unauthorized purpose or in any manner not expressly permitted by these Terms.



ACEP takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party through the Interactive Services, or for any loss or damage thereto, nor is ACEP liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter through use of the Services, including the Interactive Services. As a provider of the Services, including the Interactive Services, ACEP is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other interactive services. Although ACEP has no obligation to screen, edit, or monitor any of the User Content posted, stored, or uploaded using any Interactive Services, ACEP reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted, stored, or uploaded using the Interactive Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store, or upload on the Interactive Services at your sole cost and expense. Any use of the Interactive Services or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Services and/or the Services.


You retain all rights in User Content (other than Feedback) you post to or via the Interactive Services. Unless we indicate otherwise, by posting, storing, or uploading User Content you grant ACEP and ACEP’s affiliates, joint venturers, licensees, and partners the following rights: a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with the Services, on the Websites, and on existing and future Social Media platforms. ACEP may license or sublicense, in whole or in part, to third parties, rights in User Content as appropriate to distribute, market, or promote the Services or ACEP’s mission through any existing and future media, channels, or platforms. You also grant ACEP permission to use and authorize others to use your name you provide in association with your User Content for identification, editorially, publicity related to your User Content or the Services, and for similar institutional promotional purposes.


You represent and warrant that:



  • You own and control all of the rights to the User Content that you post, store, or upload, or you otherwise have the right to post, store, or upload such User Content to the Interactive Services; 


 

  • The User Content is accurate and not misleading; and 


 

  • Using, posting, storing, or uploading of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.



You further understand and agree that ACEP may preserve User Content, and may also disclose User Content, including personally identifiable information (notwithstanding the Privacy Policy), if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 



  • Comply with legal process; 



  • Enforce these Terms or any other applicable agreement or policy; 



  • Respond to claims that any User Content violates the rights of third parties; 



  • Respond to your requests for customer service; or 



  • Protect the rights, property, or personal safety of ACEP and the public. 



Without limiting the generality of the foregoing, ACEP may be required to disclose information pertaining to User Content to individuals asserting rights under the DMCA, and you expressly authorize ACEP to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

 

11. Social Media


ACEP maintains accounts across social media platforms that are accessible on or through the Services, as well as directly through the social media platforms themselves (“ACEP Social Media”). These social media platforms may have their own policies and procedures that govern your use. To the extent that a social media platform does not have its own policies and procedures in place, or the policies and procedures do not address topics covered under these Terms, these Terms shall govern your use of all ACEP Social Media. Any statements made on any ACEP Social Media should not be attributed to ACEP. The views expressed are those of the commentators and not necessarily those of ACEP. If any comments are of a political nature, it should be noted that ACEP does not endorse (or oppose) any candidates, and that any possible commentaries are presented as a public service in the interest of informing the public. Without limiting the foregoing, uploading, publishing, posting, or displaying the following is expressly prohibited on all ACEP Social Media: 


 

  • Any of the prohibited content, activities, or actions outlined in relation to User Content posted, stored, or uploaded using the Interactive Services, as described in Section 10, above; 


 

  • Unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable material, or material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;


 

  • Flame messages, spam, and trolling;


 

  • Political, lobbying, or religious discourse;


 

  • Intentionally false or misleading statements;


 

  • An offer to sell or buy any product or service;


 

  • Material that infringes on a third party’s intellectual property rights, including copyright, trademark, and other proprietary rights;


 

  • Any content that contains in any form software viruses or such files or programs designed to interrupt, destroy, or limit the functionality of the Services or damage any computer software or hardware or telecommunications equipment;


 

  • Information that you know to be confidential or sensitive or otherwise in breach of the law; and


 

  • Comments that are intended to or have the appearance of being intended to intimidate ACEP’s employees.


 

ACEP reserves the right, but does not have the obligation, to monitor ACEP Social Media and delete any postings that violate the permitted uses of ACEP Social Media as described herein. ACEP’s use of social media does not confer and should not be construed to confer, by implication, estoppel or otherwise, any license or right under any copyright, trademark, or other proprietary right to any material whatsoever that is owned or licensed by ACEP.


The list of ACEP Social Media uses includes, but is not limited to, the following and is subject to change from time to time: 



  • Sharing information about upcoming ACEP events;


 

  • Sharing information about ACEP itself;


 

  • Sharing information about ACEP causes; and


 

  • Sharing information written about ACEP’s mission, activities, projects, programs, impact, and support.


 

12. Registration Data; Account Security


In consideration of your use of the Services, if you create any user account through the Services, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms included as part of the Services, including on the Websites (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to ACEP, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to ACEP.


13. Disclaimer


YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” AND FOR GENERAL INFORMATION ONLY. THE SERVICES ARE NOT INTENDED AS PROFESSIONAL OR MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL CONSULTATION WITH A QUALIFIED PSYCHIATRISTS, PHYSICIAN, OR OTHER APPROPRIATE HEALTHCARE PROVIDER FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. YOU ACKNOWLEDGE THAT NO PROFESSIONAL OR MEDICAL RELATIONSHIP IS ESTABLISHED THROUGH YOUR USE OF THE SERVICES. SHOULD YOU HAVE ANY HEALTH, MEDICAL, OR PSYCHOLOGICAL QUESTIONS OR CONCERNS, CONSULT AN APPROPRIATE HEALTHCARE PROFESSIONAL. 


Any new feature, tool, or information added to or that enhances the Services will automatically become part of the Services and will be subject to these Terms. In using the Services, you acknowledge and agree that the Services may also include third-party advertisements and/or marketing tools. While ACEP makes a reasonable effort to provide accurate and useful information to its users, ACEP makes no warranties, representations, or guaranties as to the accuracy, completeness, or quality of any information on or available through the Services.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR GENERAL INFORMATION ONLY, WITH NO WARRANTY. ACEP AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, AND THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY ACEP, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND/OR PERFORMANCE OF THE SERVICES.


THE RELEASED PARTIES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED WHEN USING THE SERVICES WILL MEET YOUR EXPECTATIONS, (e) THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS, OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS, OR COMPONENTS, (f) INFORMATION PROVIDED WHEN USING THE SERVICES IS ACCURATE OR TIMELY, AND (g) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACEP OR WHEN USING THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.


FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Third Party Sites that are accessible through the Services may provide warranties and applicable disclaimers in their terms of use and related documents. We encourage you to review such terms of use and related documents for more information on the warranties and applicable disclaimers for any Third Party Sites.


14. Limitation of Liability


IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE SERVICES OR YOUR ACCESS, USE, OR INABILITY TO USE THE SERVICES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.


ACEP RESERVES THE RIGHT TO ALTER, REMOVE, OR DISCONTINUE ANY PORTION OF THE SERVICES, INCLUDING THE ACEP CONTENT ON THE WEBSITES, OR TO SUSPEND OR TERMINATE YOUR USE OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.


THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.


NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, YOU AGREE THAT IN NO EVENT WILL ACEP’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).


BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


15. Indemnification


By accepting these Terms, you agree to defend, indemnify, and otherwise hold harmless ACEP, its members, directors, officers, employees, affiliates, agents, joint venturers, licensors, partners, suppliers, users, or other parties involved in creating, producing, or delivering the Services (the “Indemnified Parties”) from and against any and all claims, demands, actions, costs, liabilities, losses, damages, and settlements and expenses of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of the Services, including but not limited to any User Content you post, store, or otherwise transmit on or through the Services; (c) your inability to use the Services; or (d) your violation of any third-party right, including without limitation, any actual or threatened suit, demand, or claim made against the Indemnified Parties arising out of or relating to your User Content, your conduct, or your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. ACEP reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action, or other matter for which you are required to indemnify the Indemnified Parties, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with ACEP in the defense of any such claim, action, settlement, or compromise negotiations, as requested by ACEP.


16. Educational Use of ACEP Content


With respect to Content designated as available for download for educational purposes (“Downloadable Content”), Educators or Learners (defined below) may download and exhibit such Downloadable Content on a stand-alone basis or embed in their own presentations, handouts, worksheets, other educational aids, homework, school reports, and other educational assignments or projects. For the purposes of these Terms, “Educators or Learners” consists of librarians, teachers, support staff, administrators and other staff of educational institutions, students, and adults supporting such students’ learning. The following restrictions apply to Educators and Learners concerning all Downloadable Content:



  • You may not disseminate Downloadable Content beyond your particular educational institution, organization, or home;



  • Under no circumstances may you use Downloadable Content for commercial purposes;



  • You may not make any modifications to Downloadable Content and must preserve all credits, copyright notice, and other proprietary notices of ACEP’s or its affiliates, agents, joint venturers, licensors, partners, suppliers, users, or other parties involved in creating, producing, or delivering the Services; provided, however that an Educator may modify questions or other classroom activities for use only in such Educator’s classroom, subject to the obligation to correctly cite to the original Downloadable Content;



  • You may not make use of, or allow or enable the use of, Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites, regardless of educational use, but may store Downloadable Content on password-protected computer networks administered by your school or school system; and



  • You may post only products you have created that contain Downloadable Content and only to a password-protected website administered by your school or school system, or by ACEP.




Registration for accessing Downloadable Content through the Services is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in the Services, including the functions on the Websites relating to Downloadable Content, you hereby represent that you are over 18 years of age, an emancipated minor, or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Services are not intended for children under 13 years of age. If you are under 13 years of age, do not use the Services.


All content or other material available through the Services as Downloadable Content, including but not limited to online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangement, displays, illustrations, documents, materials, audio and video clips, HTML and files (hereinafter the “Educational Content”), are the property of ACEP and/or affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual rights under United States and foreign law. In consideration for your agreement to these Terms, ACEP grants you a personal, non-exclusive, non-transferable license to access and use the Educational Content. You may download the Educational Content identified as available for download only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any Educational Content, nor may you modify or create derivative works of the Educational Content.


17. Additional Websites Subject to the Terms


These Terms shall apply to the following websites and all associated subdomains:


energypsych.org

energyhealingscience.com

clarityandwisdom.org

clarityandwisdom.net

eftonline.org

energypsychologyconference.com

ep-conference.org

ep-conference.com

r4r.support

ep-research.com

ep-science.com

energypsych.lpages.co

18. Additional Terms Relating to On-Line Donations and Purchases

 

The Services include a platform through which users may make purchases or tax-deductible charitable contributions to ACEP in support of ACEP’s charitable mission and its activities. By making purchases or donating through the Services, you represent that you are at least eighteen years of age (or if under eighteen years of age are acting with parental consent and under parental supervision). In addition, you represent that all information you provide to ACEP at the time of your purchase or donation is accurate. Only the authorized credit card holder may make purchases or donate to ACEP via the Services. A third party may not use your credit card for purchases or enter donations on your behalf. All sales of merchandise purchased through the Services are subject to ACEP’s sales terms and conditions, which contain warranty and liability limitations as well as ACEP’s standard return policy. ACEP will charge tax in states where such purchases are taxable. 


ACEP is an organization described under Section 501(c)(3) of the Internal Revenue Code, and charitable contributions to ACEP are tax deductible to the extent allowable by law.


ACEP will use your gift to further our mission to fundamentally change the way the world deals with trauma, stress, and illness through the use of energy psychology and related treatment modalities. You can designate your gift to be for general use for ACEP’s greatest need or direct it to one of the ACEP’s specific funds. ACEP may impose restrictions on its distributions of funds to ensure that the funds distributed will be spent for charitable purposes and in accordance with U.S. federal tax rules and regulations. 


All donations made through the Services are processed by a third-party payment processor to securely manage the financial transaction process. ACEP is not liable for the manner in which the third-party payment processor processes any donation made through the Services. All contributions made through the Services are complete and final charitable contributions to ACEP and are not refundable, and they are complete upon submission through the third-party payment processor. For further information regarding the third-party payment processor used by ACEP, please contact us at admin@energypsych.org


19. Modification or Termination


Notwithstanding any of these Terms, ACEP reserves the right, without notice and in its sole discretion, at any time and from time to time to modify, suspend, or discontinue, temporarily, or permanently, the Services (in whole or in part). ACEP reserves the right to delete, edit, or modify any and all User Content contained in the Services at any time without notice and in its sole discretion. ACEP may suspend or remove you from ACEP Services without prior notice for any reason or no reason at our sole discretion. You agree that ACEP will not be liable to you or any third party for any modification, suspension, or discontinuance of ACEP Services.


20. Severability/Waiver


If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


21. Children Under 13 Years of Age


The Services are not directed at children under 13 years of age nor does ACEP knowingly collect information from children under 13. Children under the age of 13 should not submit any personally identifiable information to ACEP nor attempt to use the Services without parental supervision and approval.


22. Applicable Laws 


ACEP controls and operates the Services from the United States. ACEP makes no representation that materials and/or content available via the Services are appropriate or available for use in all jurisdictions, and access to the Services from territories where its materials and/or content are illegal is prohibited. You may not use, export, or re-export materials and/or content available via the Services or any copy or adaptation thereof in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.


The Terms and the Privacy Policy shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules.  

Any controversy or claim arising out of or relating to this agreement, or any breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Washington, DC, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

23. Miscellaneous


The section titles of these Terms are displayed for convenience only and have no legal or contractual effect. The failure of ACEP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.


ACEP reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect ACEP, the Services, users, and the rights and property of ACEP.


We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void.


You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision provided under these Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions and Terms hereof will remain in force.


24. Changes to the Terms


ACEP reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time and in ACEP’s sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Services via the Websites. Your continued use of the Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.


25. No Employment Created


These Terms do not create an employment, agency, partnership, or joint venture relationship between you and ACEP.  


If you have not signed a separate agreement with ACEP, these Terms constitute the entire agreement between you and ACEP. If there is any conflict between these Terms and a signed written agreement between you and ACEP, the signed agreement will control. These Terms do not alter in any way the terms or conditions of any other agreement you may have with ACEP. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and ACEP for violations of these Terms.


If in any circumstance, ACEP does not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.


You understand that, unless otherwise agreed to in writing by ACEP, you have no expectation of compensation for any activity, contribution, or idea that you provide to ACEP via the Services.

 

26. Contact Us


Please send any questions, concerns or comments, or report violations of these Terms to us at admin@energypsych.org.

Share by: