Terms & Conditions
Live Event Terms & Conditions
By purchasing and participating in a Live Event provided by O'Brien & Associates Inc. you agree to the following terms and conditions.
Tickets may be canceled for a full refund up to one hour prior to the event.
Tickets are non-refundable for participants who have not canceled within one hour of the training or participate in the training.
A recorded version of the training will be available for participants, or ticket holders who miss the event, for seven days after the event.
This training is not psychotherapy and does not establish a patient and therapist relationship.
O'Brien & Associates Inc. reserves the right to cancel this event and provide a full refund to participants at any time for any reason.
Our Services contains materials such as videos, audios, PDF’s, coursework, plans, modules, photographs, live training, graphics, images, and other materials provided by O’Brien & Associates, (collectively, the “Content”). This Content is copyrighted and may not be reproduced in any form, or by any means, without the express written permission of O’Brien & Associates, which may be withheld in O’Brien & Associate’s sole discretion. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without the express written permission of O’Brien & Associates, which may be withheld in O’Brien & Associate’s sole discretion. The trademarks, logos, and services marks (collectively the “Trademarks”) displayed within the Content are registered and unregistered Trademarks of O’Brien & Associates and other third parties that have authorized the use of such third party Trademarks. Nothing contained in the Content or on the O’Brien & Associates website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the materials, or any other Content on the website, except as provided in this Agreement, is strictly prohibited.
Disclaimers; Limitations of Liability
Client, being of lawful age, in consideration of being permitted to participate in the services offered and provided by O’Brien & Associates hereby agrees to the following: (a) Client understands that participation and use of the Program is voluntary and may require physical and mental exertion or result in stress that may lead to injury; (b) Client understands that it is Client’s responsibility to consult with a physician and mental health professional prior to Client’s use of the Program and that Client further represents and warrants that Client has, in fact, either consulted with a physician or have knowingly and voluntarily elected not to consult of physician prior to Client’s use of the Program; (c) Client acknowledges that O’Brien & Associates is materially relying upon Client’s representation and warranty set forth in Client’s previous statement in permitting Client to participate in the Program; (d) Client knowingly and voluntarily agrees to assume full responsibility for any risks, injuries or damages, known or unknown, which Client might incur as a result of Client’s use of the services and acknowledges and reaffirm Client’s informed consent to do so; (e) Client acknowledges that the services provided by O’Brien & Associates are under no circumstances substitutions for consultation with, diagnosis by, medical treatment or therapy prescribed or supervised by a licensed medical professional; (f) Client acknowledges that O’Brien & Associates does not provide, and is not licensed to provide, any medical services or solve or treat any medical problems; (g) Client acknowledges that no employee of O’Brien & Associates is engaging as a licensed medical professional; (h) Client acknowledges that the opinions, suggestions, advice, ideas strategies and other information provided are intended to be suggestions and should only be considered or followed after Client consults with Client’s physician or other health care provided; and (i) in further consideration of being permitted to use the Services, Client, on behalf of himself or herself and Client’s heirs, successors and assigns, knowingly, voluntarily and expressly waives, releases and forever discharges O’Brien & Associates employees, officers, directors, members, managers, principals, agents and other persons acting on O’Brien & Associate’s behalf from any and all manner of action, causes of action, suits, claims, damages, costs and expenses whatsoever, whether based on tort, contract, statutory or other theory of recovery, which Client now has or hereafter can, shall or may have that relate to or in any way arise from Client’s use of the Services. Client agrees that this Section is intended to be as broad and inclusive as permitted by the laws of the State they reside in and any State that O’Brien & Associates operates in. If any provision of this Waiver is held or determined to be illegal, invalid or unenforceable under any present or future legal requirement: (w) such provision will be fully severable; (x) this Section will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; (y) the remaining provisions of this Section will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement; and (z) in lieu of such illegal, invalid or unenforceable provision, O’Brien & Associates reserves the right to add as a part of this Section a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.
You agree to indemnify and hold harmless O’Brien & Associates, its subsidiaries and affiliates, and their respective members, equity owners, managers, officers, directors, agents, attorneys, employees, successors and assigns employees (each an “O’Brien & Associates Indemnified Party”; collectively, the “O’Brien & Associates Indemnified Parties”), from and against any and all Damages asserted against, resulting from or to, imposed upon, or incurred or suffered by any O’Brien & Associates. Indemnified Party as a result of or arising from your violation of this Agreement, your use of the Program, any breach of your representations and warranties set forth above, and/or your User Content. For the purposes hereof, the term “Damages” shall mean all liabilities, losses, injuries, penalties, fines, forfeitures, assessments, claims, suits, proceedings, investigations, actions, demands, causes of action, judgments, awards, taxes, charges, costs, expenses and damages of any nature, including, without limitation, interest, penalties, reasonable attorneys’, accountants’ and other professionals’ fees and expenses, court costs and all amounts paid in the investigation, defense or settlement of any of the foregoing.
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be submitted to and decided by Michael Balocca, Attorney at Law (the "Arbitrator") by binding arbitration under the rules of the American Arbitration Association in the Medford, Oregon. The decision of the Arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys' fees, expert witness costs, and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the Arbitrator shall for good cause determine otherwise. Each party shall bear its own fees and expenses with respect to the arbitration and any proceeding related thereto, and the parties shall share equally the fees and expenses of the Arbitrator. The Arbitrator shall have power and authority to award any remedy or judgment that could be awarded by a court of law in the State of Oregon. If for any reason a claim proceeds in court rather than in arbitration the Parties waive any right to a jury trial. All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacity and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class-action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the Arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.