Terms and Conditions
Dementia Care 360 LLC
Please read the Terms and Conditions for the course and community carefully and in their entirety before purchasing and using Dementia Care 360 (hereinafter both are referred to as the “Program”). The Program and its content are owned by Dementia Care 360 LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Dementia Care 360 LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” or “Your” means the purchaser and person using the Program.
2. Consent:
By submitting payment and participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms and Conditions.
3. DISCLAIMER:
By participating in the Program, you understand that Andrea Bendig (Dementia Nurse Andrea) is a dementia care consultant. This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of a physician and/or therapist.
You should correspond with a professional in those areas (medical, therapeutic, etc.) in person with someone where you live to discuss issues or questions pertaining to you and/or the one you are caring for related to the specific medical situation and individual needs.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, the course, private or pubic online or offline communities, video workshops, pdf downloads, advice, etc. are intellectual property owned by Dementia Care 360 LLC. You cannot duplicate, make copies, transfer, or reproduce any part of the Program. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. No Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms and Conditions will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
7. Conduct
By participating in the Program, you agree to conduct yourself in a productive and respectful manner. If we become aware of conduct that is inappropriate or does not otherwise comply with these Terms and Conditions, we reserve the right to investigate and take appropriate action, which may include permanent removal from the Program.
By participating in commenting within the Program, you agree to the possibility of your comment being shared on social media platforms and/or website to be used as a testimonial. All comments made within the Program's platform are public for all other members to see. You have the ability to change your profile name. It is your responsibility to change your profile name if you want to stay anonymous.
8. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another member of the Program. We don’t make any assurances as to any particular skill-based or behavior-based outcome based on the use of or participation in the Program.
We are not responsible for the success or failure of you, the caregiver, or the one you are caregiving related to development, behaviors, or any other result of any kind that you may have as a result of your participation in the Program.
9. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, you or your loved one's communication, skill development, behaviors, or regressions as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind. We are not liable for damages of any kind related to your use of the Program.
10. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Dementia Care 360 LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us.
By enrolling in the Program, you hereby agree to this limitation of liability and release Dementia Care 360 LLC from any and all claims. By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Dementia Care 360 LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms and Conditions.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Dementia Care 360 LLC as stated in this section herein.
11. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will only be issued based on what is advertised on the DementiaCare360.com website.
If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Andrea Bendig at [email protected].
12. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Andrea Bendig at [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Dementia Care 360 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 in any location north of Baltimore, Maryland and south of Wilmington, Delaware at the choosing of Dementia Care 360 LLC. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court at the choosing of Dementia Care 360 LLC. The only award that can be issued to you is a refund of any payment made to Dementia Care 360 LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
13. Limitation of Liability:
Dementia Care 360 LLC and any associated person or parties tied to Dementia Care 360 LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
14. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
When you pay for the Program by credit card, you authorize and give permission to Dementia Care 360 LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant (Stripe), who may have privacy policies or security practices that are different than ours. Dementia Care 360 LLC is not responsible for the merchant’s independent policies or practices.
You agree to pay any purchase or membership fee(s) for exchange access to the Program. The applicable charge will be the price posted on the checkout page. The Program will automatically renew any membership charges on each monthly anniversary of the date that the Program first charges your credit or debit card. By submitting your payment, you agree that any applicable membership charges will automatically renew every month until you cancel. If you cancel your membership, you will enjoy the Program benefits until the end of the current billing cycle for which you have paid. If your payment fails, Stripe will make a second attempt to collect payment 3 days after the first attempt. If the second payment fails, Stripe will attempt to collect payment 5 days later. If the payment fails for a third time, you will lose access to the membership. You will receive an email if a payment fails with the opportunity to update payment.
15. Severability
The provisions of these Terms and Conditions shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof.
If any Section, subsection, sentence, or clause of these Terms and Conditions shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms and Conditions as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
16. Entire Agreement
These Terms and Conditions contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
17. Choice of Law + Venue
These Terms and Conditions shall be governed by the laws of the state of choosing by Dementia Care 360 LLC. Any action brought by any party arising out of or from these Terms and Conditions shall be brought within the state of choosing by Dementia Care 360 LLC.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the Terms and Conditions listed above. If you have any questions about the Terms and Conditions, please contact Dementia Care 360 LLC at [email protected]. Thank you.