Terms of Service

Age Requirements

You must be at least 18 years old to use the Service or submit booking, contact, or CEU waitlist information through the Site.

Bookings and Payments

Bookings and payments are processed through Acuity Scheduling when you book online on the Site. You agree to provide accurate information when making a booking. Each booking is subject to the confirmation and any cancellation, refund, or other terms shown at checkout or provided in booking communications. Acuity Scheduling's processing is also subject to its own terms and privacy practices. You may also schedule by phone or text.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable federal, state, local, or international law or regulation
• Infringe the intellectual property, privacy, publicity, or other rights of any third party
• Post or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service without our express written permission
• Introduce any viruses, malware, or other harmful code
• Collect or harvest any information from the Service or other users without consent
• Use the Service or its forms to make fraudulent, false, or misleading bookings, requests, or representations
• Encourage or enable any other individual to do any of the foregoing

Enforcement

We reserve the right, but are not obligated, to monitor use of the Service and to remove, restrict, or disable access to any content that we determine, in our sole discretion, violates these Terms or is otherwise harmful to the Service, our users, or third parties. We may also suspend or terminate your access to the Service for violations of these Terms.

Contact and Waitlist Information

You may submit contact, booking, or CEU waitlist information through the Site. You retain ownership of information you submit. By submitting it, you grant us a limited, non-exclusive license to use it as reasonably necessary to respond to your request, administer the relevant booking or waitlist, provide the Service, and operate the Site, in each case subject to our Privacy Policy.

You represent that information you submit is accurate and that you have the right to provide it.

We respect the intellectual property rights of others and expect users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of alleged copyright infringement that comply with the DMCA and are properly submitted to our designated agent.

Filing a DMCA Notice

If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
4. Your contact information, including address, telephone number, and email address
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
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 copyright owner

DMCA Agent Contact Information

Counter-Notification

If you believe material you submitted to the Service was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent containing:

1. Your physical or electronic signature
2. Identification of the material that was removed or disabled and its location before removal
3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or if outside the U.S., for any judicial district in which we may be found), and that you will accept service of process from the person who provided the original DMCA notification

Repeat Infringers

We may terminate access to the Service for repeat copyright infringement in appropriate circumstances.

The Service 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.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site and its content for your personal and informational use. You may not reproduce, republish, distribute, modify, create derivative works from, or otherwise exploit Site content except as permitted by law or with our prior written permission. These Terms do not grant you any right, title, or interest in the Service, Company trademarks, logos, or other brand features. We welcome feedback, but may use any ideas, suggestions, or other feedback you provide without obligation to compensate you.

The Service may contain links to third-party websites or services, including Acuity Scheduling for booking and payment processing, that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by your use of or reliance on third-party content, goods, or services.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or servers are free of viruses or other harmful components. We make no warranties or representations about the accuracy or completeness of the Service's content or the content of any websites linked to the Service.

Information on the Site, including course and service descriptions, is general information and is not a guarantee of any outcome. The Site does not itself create a professional-client relationship or an obligation to provide services; any services are subject to booking confirmation and any separate engagement terms that apply. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to or use of the Service; (b) information you submit through the Service; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or proprietary right.

Informal Resolution

Most disputes can be resolved informally. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at info@clearwaterpro1solutions.org. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days after submission, you or we may bring a formal proceeding.

Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding individual arbitration rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights. You and the Company each waive the right to a jury trial.

The arbitration will be administered by American Arbitration Association (AAA) under its applicable rules then in effect. The arbitration will be conducted in the English language. The arbitrator's decision will be final and binding.

Class Action Waiver

You and the Company each agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that the class action waiver in this paragraph is unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

Exceptions

Notwithstanding the foregoing: (a) either party may bring an individual action in small claims court for Disputes within the court's jurisdiction; (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement or misuse of intellectual property rights; (c) claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act may be brought in court at the claimant's election; and (d) where applicable law does not permit waiver of a claim for public injunctive relief, that claim may be severed from arbitration and brought in court.

Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to: info@clearwaterpro1solutions.org, within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

These Terms and any Dispute will be governed by the laws of the State of California, without regard to its conflict of laws principles. For any Disputes not subject to arbitration, you and the Company consent to exclusive jurisdiction in the state courts located in Tulare County, California and, where federal jurisdiction exists, the United States District Court for the Eastern District of California.

Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Changes to Terms

We may revise and update these Terms from time to time. We will post updated Terms on the Site and update the Effective Date. Changes other than material changes will take effect when posted, unless otherwise indicated. Your continued use of the Service after those changes take effect means you accept them.

For material changes that affect your rights or obligations (including changes to fees, arbitration provisions, or the scope of content licenses), we will provide notice through the Service, by email, or by other reasonable means. Such material changes will become effective 30 days after notice is provided. Where legally required or practicable, we will ask you to accept material changes before you continue to use the Service.

Stopping Use

You may stop using the Service at any time. For questions about a booking, cancellation, refund, or the Service, contact us at info@clearwaterpro1solutions.org.

Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. Reasons may include breach of these Terms; fraudulent, harassing, or illegal conduct; or conduct harmful to other users, third parties, or our business interests.

Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

We are not liable to you or any third party for termination of your access to the Service. Following termination, we may retain information as required by law or for legitimate business purposes, as described in our Privacy Policy.

By using the Service or providing your email address, you consent to receiving electronic communications from us, including notices about bookings, service updates, and these Terms. You agree that notices, agreements, disclosures, and other communications we send electronically satisfy any legal requirement that they be in writing.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies we publish on the Service, constitute the entire agreement between you and the Company regarding your use of the Service.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, without restriction.

Notices

Any notices or other communications permitted or required under these Terms may be provided electronically. For notices to us, please send correspondence to:

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

If you have any questions about these Terms or the Service, please contact us at: