PSYCHOTHERAPY AND NEUROPSYCHOLOGY TRAINING PROGRAM
NOTICE: Payment of the deposit and subsequent delivery of the Training Program by the Pasadena Clinical Group or any of its affiliates of any Course or training program is expressly conditioned on the Clients/Candidate's consent to these Terms and Conditions. Any additional or different terms proposed by Clients/Candidates are explicitly objected to and will not be binding upon Training Provider unless expressly accepted in writing by Pasadena Clinical Group's authorized representative.
1. Definitions
I. Unless otherwise defined in the Contract, the following terms shall have the following meanings throughout the Contract: (h) “Affiliate” with respect to a party means an entity (including without limitation any individual, corporation, partnership, limited liability company, association or trust) controlling, controlled by or under common control with that party.
II. “Client or Candidate” means the person who has registered and who will attend the Training.
III. “Contract” means the agreement between the Pasadena Clinical Group and Customer for the training supply as formed by the Candidate/Client accepting these information published. This information, together with these terms and Conditions and all other attached documents or documents incorporated by reference (if any), constitute the entire terms of the Contract.
IV. “Course” means any of the training course(s) to be supplied by Pasadena Clinical Group, its Affiliates or subcontractors to the Client/Candidate under the Contract
V. “Course Date” means the date scheduled by Pasadena Clinical Grop and accepted by the Client/Candidate on which the course shall begin; such date may be part of the Information Published or may be proposed separately by Pasadena Clinical Group.
VI. “Course Price” means the charges set out in the Training Proposal payable by Client/Candidate to Pasadena Clinical Group for the Course(s)/Training.
VII. “Client/Candidate” means the entity to which Pasadena Clinical Group is providing the training under the Contract. It may also be the “Buyer” or "Student" under a contract for sale of products, parts, and services (also referred to as “Party” and together with Pasadena Clinical Group as the “Parties”).
VIII. “Pasadena Clinical Group” means the business formed and Registered in the state of California operating in the field of psychology.
IX. “Terms and Conditions” mean these terms and conditions that form an integral part of the Contract.
X. “Information Published” means the formal offer issued by Pasadena Clinical Group together with its attachments and any mutually agreed amendments or modifications thereto which Pasadena Clinical Gorup may offer to Clients/Candidates, to which these Terms and Conditions are attached.
XI. “Pasadena Clinical Group” means the entity issuing and publishing the training program and providing the training under the Contract, its successors and permitted assigns. It may also be the Seller” under a contract for the sale of products, parts, and services (also referred to as “Party” and together with Candidates/Clients as the “Parties”).
Obligations of Pasadena Clinical Group
1. Pasadena Clinical Group agrees to supply the Courses to Candidate/Clent by all material respects of the Contract. Unless otherwise provided for in these Terms And Conditions, the obligations of Pasadena Clinical Group shall be limited to the delivery of the Course at the agreed training premises and the delivery of the relevant training materials. Pasadena Clinical Group shall be entitled to subcontract the whole or any part of its obligations under the Contract to any third party which it may in its absolute discretion determine, but any subcontract shall not relieve the Pasadena Clinical Group of its obligations.
2. These Terms and Conditions shall be formed upon acceptance by Candidate/Clients at the time of payment.
3. Unless otherwise agreed in writing, no seminar or attendance to it shall constitute the granting by the Pasadena Clinical Group, or by any of its Affiliates, of any certification, authorization, or qualification to operate, provide, render, or deliver any course or training in such respect.
Confirmation of Course Attendance
1. Attendance of any seminar is mandatory. Missing more than one training session in a semester may prevent the Pasadena Clinical Group from issuing a certificate of attendance at the end of the training year. Absence to any seminar doe snot constitutes a right to any reimbursement.
2. Courses are intended for, and participation is restricted exclusively to, registered candidates/clients. Clients/candidates may request an exception to a specific date due to unusual and/or extenuating circumstances; Pasadena Clinical Group reserves the right to accept or reject such request at its sole discretion. Any request of such type must be in writing, providing sufficient details, and received by Pasadena Clinical Group at least fifteen (15) days prior to the Course Date.
3. Attendees are required to have at own expenses:
• a computer laptop or desktop with at least an I5 CPU processor, a webcam, a microphone, and a high-speed internet connection;
• ensure the devices are properly secured in compliance with the HIPAA rules and regulations and the APA ethic codes;
• read the assigned material and actively participate in any seminar and training session;
• Comply with the rules of conduct on the training program, in particular with health, safety code, California business and professional code, APA Ethic Code, and all the office policies at the Pasadena Clinical Group, along with any reasonable instructions of the instructor and or supervisor;
• Refrain from disclosing any information from current clients' caseload that may inventively disclose personal information of any client.
4. Pasadena Clinical Group reserves the right to refuse to provide training to any Candidate/Client and to request that the Client/Candidate be removed from the training program at any time if, in the opinion of the Director of the Program, the candidate/client seems (i) unfit or unsuitable for any reason to attend or complete the Training Program, or (ii) the behavior of the Candidate/Client is in any way dangerous, offensive or would otherwise impede the proper course of the Course.
5. Failure by a Candidate/Client to attend a seminar, for any reason whatsoever, shall not entitle Candidate/Client to any Course Price Reduction or any right to demand that the Course be dispensed anew for the benefit of the absent Candidate/Clients.
Postponement or cancellation of a Course
1. Pasadena Clinical Group reserves the right to cancel a Seminar or reschedule a Seminar Date at any time and for any reasons. Pasadena Clinical Group shall endeavor to inform Canidate/Clients as soon as possible of the cancellation or rescheduling, and in case of rescheduling, to offer a new Course Date reasonably convenient for the majority of Candidate/Clients. In case of cancellation, Pasadena Clinical Group shall refund the Course Price to Candidate/Clients without undue delay. Such refund will be the only remedy available to Candidate/Client in case of cancellation by Pasadena Clinical Group.
Changes to the Courses
1. Pasadena Clinical Group reserves the right to change the contents, relocate the Seminar(s) site(s) and change the instructor(s). Pasadena Clinical Group may further develop or update the content of the Seminars without prior announcement.
2. Pasadena Clinical Group will endeavor to accommodate reasonable requests of changes relating to a Seminar made by any Candidate/Client after confirmation if it is considered appropriate and practical to do so. In such a case, Pasadena Clinical Group will be entitled to increase the Course Price as needed. The Parties will discuss and agree in good faith on the modified Training's date, time, and contents.
Training materials
1. Each Candidate is required to have access to a local public library and be able to access the required resources for the Training Program as indicated by Pasadena Clinical Group and the training instructor.
2. Candidate/Client acknowledges that any training material provided by Pasadena Clinical Group is to be considered as protected under the copyright law and may not be disclosed to individuals other than the registered Candidate/client or used for any purposes other than for the training purposes agreed to under these terms. Under no circumstances may the whole or any part of the training materials be produced or copied in any form or translated into another language without the prior written consent of Pasadena Clinical Group.
3. Candidate/client acknowledges that the training materials provided by Pasadena Clinical Group do not constitute any textbook or clinical manual and that Pasadena Clinical Group has no obligation to
provide to Candidate/Client any update to the training materials after the related Course has been given.
Logistics
1. No logistic services will be provided to the Candidate/Client (ex. selecting the proper webcam compatible with a specific computer).
2. Customer shall be responsible for making all travel arrangements and bearing the total costs of all travel, accommodation, meal, and other expenses incurred by the Candidate/Client in relation to the Course. Pasadena Clinical Group shall not be responsible for such non-refundable expenses in case of cancellation or rescheduling of the Seminar. If the training is rendered online, the Candidate/Client is responsible for the total cost of the internet connection, renting or leasing their room, and cost associated with the use and depletion of any device, including but not limited to damages, loss, or stolen devices.
Prices, Payments, and Taxes
1. The cost of each Training Program is set in January of each year and is non-negotiable.
2. Except as otherwise provided in these Terms and Conditions, Candidate/client shall pay Training Provider all amounts in US Dollars.
3. Full payment is expected at the time of registration. If available, monthly installments shall be made available during registration.
4. A Non-Refundable Deposit for any Training Program must be paid at the time of enrollment to secure the Candidate/Client's spot in the program. The remaining amount must be paid by August 1st. If paying in monthly installments is available, 1/10th of the remaining part is automatically charged on 5th of each month.
5. Refunds can be requested as it as follows:
- No refund is applicable.
There are no exceptions to any of the refund options of these Terms And Conditions.
6. If monthly installments are selected, and the Candidate/Client does not comply with the payment, Pasadena Clinical Group shall have the sole right to terminate the Candidate/client. Termination will not entitle the Candidate to any refund. Terminating the program will also prevent the Candidate/Client from receiving any certification. Termination will also end the contractual supervision and delivery of care with our group.
7. Candidate/Client shall be responsible for, and shall pay directly when due and payable, any and all Taxes and or Convenience fees, and all payments due and payable by Candidate/client to Pasadena Clinical Group under this Agreement shall be made in the full amount of the Course Price.
8. "Taxes" means all taxes, duties, fees, or other charges of any nature (including, but not limited to, ad valorem consumption, excise, franchise, gross receipts, license, property, sales, stamp, storage, transfer, turnover, use, or value-added taxes, and any items of withholding, deficiency, penalty, addition to tax, interest, or assessment related to it), imposed by any State due to the execution of this Terms And Conditions.
Confidentiality
1. Customer shall keep confidential and shall not disclose, without the prior consent in writing of Pasadena Clinical Group, any technical or commercial information acquired during the Seminar or as a result of discussions or other communications with Pasadena Clinical Group.
2. Participation in the Training program and usage of any Software does not grant the Candidate/Client any ownership or license to operate, modify or customize in part or in whole, software, website, digital access, or any other resource made available to the Candidate. Once the candidate is terminated or the program ends, all access shall be removed. It is the sole responsibility of the Candidate/Client to ensure that any document saved on any device is adequately secured and backed up.
3. Candidate/Client shall not hold itself out or permit any person to hold it out as being authorized by Pasadena Clinical Group or any of its Affiliates to provide any kind of services, including services related to the subject matter of the Seminars and shall not do any act which might reasonably create the impression that it is so authorized.
Warranties and liability
1. Pasadena Clinical Group will conduct the Seminar by the description made on the website and will use reasonable endeavors to ensure that any Seminar provided is dispensed with reasonable skill and care and will follow practices consistent with the professional standards in the industry. Changes to the online description may happen without prior notice to any candidate/client.
2. The total liability of Pasadena Clinical Group, on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of or related to the Terms And Conditions, or its performance or breach, shall not exceed the Course Price paid for the Training Program, in respect of which the claim is made.
3. In no event shall Pasadena Clinical Group or its subcontractors be liable for any loss of profits or goodwill or for any special or indirect or consequential damages arising under these Terms And Conditions, or the participation in the Training Programs, in delivering the Course(s). This article shall prevail over any conflicting or inconsistent terms in the description of the program and/or any communication that may bear any error or information in conflict with these Terms and Conditions.
4. All conditions and warranties not expressly outlined in these Terms and Conditions and, whether expressed or implied, are excluded to the fullest extent permissible by law. In particular but without limiting the generality of the preceding, Pasadena Clinical Group shall not be liable for any practical use made by the Candidate/Client, or any agent or employee of Candidate/Client, of the information contained in the Courses or any related training material.
5. Candidate/client shall indemnify Pasadena Clinical Group against all liabilities, costs, expenses, damages, and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) suffered or incurred by Pasadena Clinical Group arising out of or in connection with:
• Any breach by the Candidate/Client or its agent/employees or subcontractors of any part of the HIPAA law and regulation, California Business and Professional Code, and any Federal Laws;
• Any negligence or other tortious conduct of Candidate/Client, its employees, agents or subcontractors, or any party affiliated with Candidate/Clients;
• Any claim made against Pasadena Clinical Group by a third party for death, personal injury, or damage to the property attributable to the acts or omissions of Candidate/Client, its employees, agents or subcontractors, or any afflated party of the Candidate/Client.
7. Neither Party excludes or seeks to limit its liability concerning death or personal injury, fraud, willful misconduct or gross negligence.
Force Majeure
1. Pasadena Clinical Group shall not be liable or be considered to be in breach or default of its obligations under these Terms And Conditions Contract to the extent that performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond its reasonable control, including, but not limited to, (i) acts of God, acts (or omissions) of governmental authorities, fires, severe weather conditions, earthquakes, strikes or other labor disturbances, floods, risk of kidnapping, war (declared or undeclared), armed conflict, acts or threats of terrorism, epidemics, civil unrest, riot, delays in transportation, or car shortages; or (ii) acts (or omissions) of Candidate/client or Candidate/client's suppliers or agents. Pasadena Clinical Group shall notify Customer in the event of any such delay. The Course Date shall be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of such delay. Pasadena Clinical Group shall notify the Customer, as soon as practicable, of the revised Course Date.
Governing Law and Dispute Resolution
1. The governing law of these Terms and Conditions shall be the state of California. The candidate/client agrees that any dispute shall be resolved through mediation alone.
2. Mediation. In the event of any dispute arising under or in connection with these Terms and Conditions, before either party may initiate arbitration under Section 2 below, Pasadena Clinical Group and Candidate/Client must attempt to resolve the dispute through mediation by the following terms and conditions: A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (45) calendar days of delivery of written notice under this Section, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable, follow such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general understanding of the domain name system. The attorney must have a practicing office in Pasadena, California. Any mediator must confirm in writing that he or she is not, and will not become an employee, partner, executive officer, director, or security holder of Pasadena Clinical Group or Candidate/client during the mediation. If the appointed mediator does not provide such confirmation, then a replacement mediator shall be appointed pursuant to the rules of this Section. The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to the following section. The mediator may not testify for either party in any later proceeding relating to the dispute. Each party shall bear its own costs in the mediation. The parties shall equally share the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential and as Confidential Information of such other party in accordance. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein. The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute.
General clauses
1. These Terms and Conditions represent the entire agreement between the Parties. Pasadena Clinical Group reserves the right to modify, change, add, or remove parts or entire sections without prior consent. Any oral or written representation, warranty, course of dealing, or trade usage not contained or referenced herein shall not be binding on either Party. Each Party agrees that it has not relied on, or been induced by, any representations of the other Party not contained in the Contract.
2. The invalidity in whole or part of any part of these Terms and Conditions shall not affect the validity of the remainder.
3. The following sections shall survive termination of the Terms and Conditions: Training materials, Prices, Payments, and Taxes; Confidentiality; Warranties and liability; Governing Law and Dispute Resolution; General clauses.