Your Core Academy Terms of Use Agreement

By accessing this website hosted in Zenler.com, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Our Services

Your Core PT, LLC, a limited liability company formed in the state of North Carolina (hereinafter “YCPT”) has developed proprietary educational products and courses for providers called “Your Core Academy” offered on our www.YourCoreAcademy.com website (“Website”)  (All products and services offered on www.YourCoreAcademy.com hereinafter collectively referred to as “Your Core Academy” or “Program”).    This web page represents the Terms of Use Agreement for our Website, www.YourCoreAcademy.com.

By using our Website and Program, you agree to fully comply with and be bound by the following Agreement each time you use our Website.  
This Terms of Use Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute.  By using our Site, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

“Company”, “We”, “Our”, or “Us” means Your Core PT, LLC (“YCPT”) doing business as www.YourCoreAcademy.com.
 
“Content” means any and all written, visual, video, or audio information contained in our Program, on this website or provided as a link to our Content on other platforms/sites, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates, coaching guides, e-books, forms, membership materials, webinars and other instructional videos, photographs and exercise instructions/programs regardless of whether they are in a viewable, downloadable or access to a streaming form.  Content includes Content for specific Member categories or Programs.

“You” or “Your” means a Visitor, User, Customer, or Member of the Website.

“Visitor” or “User” means any individual, including Members, who accesses any Content on the Website, whether the Content is free or paid.

“Customer” means any individual who has purchased Content from us on the Website, including Members.

“Member” means a User or Customer who has signed up for a package of “Member Benefits” offered through our site under specific terms and conditions of the Member category or Program.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.

Member or User License Granted
A “Member” or “User” of Your Core Academy is someone who has been granted access through a non­exclusive, non­transferable, revocable license to access and use our Website and Program strictly in accordance with this Agreement.

Intended Users
The educational courses and products (Programs) on our Website are intended for licensed health care professionals only.  By purchasing our courses, handouts or resources from YCPT, you certify that you are medical professional and that by purchasing this Program. You acknowledge that it is your responsibility to ensure that the skills acquired through purchase of our Programs are within your scope of practice as defined by your professional licensing board.  You agree not to train nor certify any other individual in the course topics provided in our Programs without our express written consent.  Our Content is also not intended for individuals who are under 18 years old.  By using our Website and/or Program, you represent and warrant that you are at least 18 years or older.

License Grant. By purchasing our Program(s), you are granted a non­exclusive, non­transferable, revocable license to access and use our Program Content for your individual non-commercial use in accordance with these Terms of Use.  The license granted to you is subject to the Intellectual Property Rights clause below.  Some products and services may have additional terms stated on the description of the product, which are incorporated into this Terms of Use Agreement by reference.  

Our Intellectual Property
All text, information, graphics, design, videos, photos and data offered through our Website and Program, whether produced by us or our Members are collectively known as our “Content.”  Our Content, as found within our Website and Program, is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as generally and ordinarily permitted through the Website according to these Terms of Use. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  Your use of our Website and Services does not grant you any ownership rights to our Content.

Your License to Us. If you post or submit to us any creative ideas, inventions or suggestions for our Programs, Content or services, such submissions shall become, and shall remain, the sole property of YCPT. No submission shall be subject to any obligation of confidence on the part of the YCPT. YCPT shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. This does not apply to personal information otherwise subject to any confidentiality requirements under law or this Agreement.

User Obligations
When you purchase a course, product or service you will set up a Username and Password that will allow you to access your purchase. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.  You agree to immediately notify us of any authorized use of your password or any other breach of security.
When you purchase a course, you are granted a license to temporarily download one copy of any downloadable materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the Website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or 'mirror' the materials on any other server.
Prohibited Uses
You are prohibited from using the Website, and its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website.

We reserve the right to terminate your use of the Website and/or Program if we determine, in our sole discretion, you have violated any of these Terms of Use.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.  In addition, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Course Completion Certification and CEUs.  If any of our Programs offer Continuing Education Units (CEUs) upon completion of the Program, it will be stated in the Program Description.  Some of our Programs may offer a “Certification” at the conclusion of the program and successful passage of the Program requirements.  If a Certification is offered, the Program criteria for earning the Certification will be described in the Program Description.  We reserve the right, in our sole discretion, to determine whether a User meets the Program criteria and earns the Certification.  If the Program requires submission of any assignments, you are responsible for complying with all applicable state and federal laws that may require obtaining consent or authorization from patients, clients or copyright holders or other third parties to use photos, videos, personal information, protected health information or copyrightable works in any assignment submissions.  We reserve the right to require proof that appropriate permissions were obtained for any Program submissions.  
 
Education Disclaimer.  Our Programs are intended for educational purposes only and are not intended to provide individualized medical or consultative advice.  You also understand that the information provided on our Website and in our Program is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur.

Platform Provider Terms of Use
Our training and education programs are provided through the Teachables platform.  By participating in our education program through this platform, you  agree to the Teachables Terms of Use Agreement incorporated into this Agreement by reference and available at https://zenler.com/terms-of-use and Privacy Policy available at https://zenler.com/privacy-policy.

Payment and Purchases
When you purchase our Programs, Services, or Products, you will be directed to our payment processing vendor.  By doing so, you give us permission to automatically charge you for payment. You will receive an electronic receipt for your records.

If your purchase allows and you elect the installment or “pay over time” option at checkout, you agree that we have permission to automatically charge you, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or cancelled from having access to, our Programs, Services, and Products. Please note, in the event your payment method is declined at any time, you will still be responsible for the full cost of your purchase.

Refunds.  We will do everything within our ability and within reason to ensure your satisfaction, but we do not provide refunds for Programs once access to the Program has been made available to you.  If any Programs or Membership categories have specific refund policies, it will be stated so in the description of the Program or Membership category. If your access to a Program is terminated by us due to our determination that you have violated any of these Terms of Use, no refunds will be given.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.  You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase or use of our Website and its Content.

Third-Party Links
Third-party links on our Website, whether posted by YourCoreAcademy.com or other Users, may direct you to third-party websites that are not affiliated with us.  YourCoreAcademy.com is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Consent to Receive Communications.  When you purchase our Programs or register as a visitor on our Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email.  You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at the address in the “Notice” section below.
Your Personal Information.  We use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files, if any, that you may store on this Website. Use of the Website is completely at your own risk.
We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Website, you signify your acceptance of the our Privacy Policy at Zenler.com.  If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR PROGRAM IS AT YOUR SOLE RISK. BOTH THE WEBSITE AND PROGRAM PAGE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  YOURCOREACADEMY.COM AND YCPT HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR PROGRAM.   YCPT AND YOURCOREACADEMY.COM CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR PROGRAM.  YCPT AND YOURCOREACADEMY.COM DO NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR PROGRAM, OR ANY CONTENT FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR­FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  YCPT AND YOURCOREACADEMY.COM ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.  TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR NEGLIGENCE, FAILURE TO PERFORM, OR BREACH BY US SHALL BE A REFUND OF THE AMOUNT PAID FOR SUCH PRODUCT, SERVICE OR MEMBERSHIP.

Revisions and Errata
The materials appearing on our website may include technical, typographical, or photographic errors. YCPT does not warrant that any of the materials on its web site are accurate, complete, or current. YCPT may make changes to the materials contained on its web site at any time without notice. YCPT does not, however, make any commitment to update the materials.

Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, YCPT has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to YCPT at the address in the Notice section below.

Privacy Policy
Our Privacy Policy is considered part of this Agreement.  By using our Website and Program, you are agreeing to the terms of our Privacy Policy available at https://www.yourcorept.com/privacy as well as Zenler’s Privacy Policy available at https://zenler.com/privacy-policy.

Governing Law and Jurisdiction
Unless otherwise elected by YCPT and YourCoreAcademy.com in writing for the particular instance (which YCPT and Yourcoreacadmey.com may do at its option), the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state of North Carolina.  

Arbitration
If you have any complaint or should any issue arise in the use of the Website or Your Core PT, LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Susannah Haarmann at [email protected] However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Your Core PT, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules. By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Asheville, North Carolina. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of North Carolina. The only award that can be issued to you is a refund of any payment made to Your Core PT, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
 
Notices
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding our Program by e-mail using the address associated with your Username or by posting the communications on the Website. The delivery of any communications from us is effective when sent by us, regardless of whether you read the communication when you receive it or whether you actually receive the delivery.  You may send notices to us by mailing it to us, certified mail, return receipt requested, to:  42 Hudson Street, Asheville, NC, 28806.

Changes to the Terms of Use
We may amend this Terms of Use Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement.

Last updated September 1, 2020

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