These Terms of Use (“Terms”) bind you (“You”, “Your”) to the terms and conditions set forth herein in connection with the services provided by John W. Brick Mental Health Foundation, a 501(c)(3) non-profit, dba The Mental Wellbeing Association ("Our", "We", or "Us") (collectively, “Parties”).
By using any of Our software, website, mobile applications, content, products, or other offerings on Our platform (collectively, Our “Services”), You agree to become bound by the Terms. If You do not agree to all these Terms, do not use Our Services. Our acceptance is expressly conditioned upon Your assent to all these Terms, to the exclusion of all other Terms. If these Terms are considered an offer by Us, acceptance is expressly limited to these Terms.
Pre-arbitration clause:
Important: by agreeing to these Terms You agree to resolve disputes with Us through binding arbitration (and with very limited exceptions, not in court), and You waive certain rights to participate in class actions, as detailed in Section 22.
Additional Agreements:
Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Notice.
“You” shall include any other subsidiaries thereof and any successor thereto. “We” shall include John W. Brick Foundation and any other subsidiaries thereof and any successor thereto.
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices, such as when We add new features, and We reserve the right in Our sole discretion to modify and/or make changes to these Terms at any time. The most current version of the Terms of Use will always be posted on this website. You should check this website periodically to review the most current Terms of Use.
Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
Membership in the Mental Wellbeing Association is subscription-based. Your enrollment in the credential preparation course includes a one-year membership.
Renewals. Subscriptions renew automatically on the anniversary of Your initial purchase. You may disable auto-renewal on the Subscriptions tab of Your account. If You choose to renew early, Your subscription will be extended for a year beyond the current term.
Canceling. To cancel a subscription, the subscription must be cancelled prior to Your next renewal date. Your subscription will then expire at the end of that annual term. You will continue to have access until the subscription expires. If You change Your mind after cancelling, You can reactivate Your subscription up until the end of the term. If You let Your subscription expire, You will need to repurchase the membership; Your subscription will not auto-renew once cancelled.
We offer certification programs for understanding mental wellbeing: These programs require the completion of an online self-study course, adherence to the Professional Conduct below, and the passing of an examination within a designated enrollment period. The exam must be completed within one year of Your registration date.
Your certification must be renewed every two (2) years. To renew Your certification, You must earn at least 20 approved hours of continuing education (CECs). CECs can be obtained from Us or from approved continuing education providers. The cost, length and CECs awarded for continuing education courses vary, so You should carefully review the information about each course before enrolling.
Each person who holds a certification issued by Us (“Certified Professional”) must comply with all legal requirements of their profession. Additionally, In practicing the credentialed role, each Certified Professional must:
5.1. Respect the rights, welfare, and dignity of all individuals in the context of their professional practice. To that end, Certified Professionals shall:
5.2. Comply with all applicable laws, policies, and regulations in the context of their professional practice. To that end, Certified Professionals shall…
5.3. Maintain and promote high standards. To that end, Certified Professionals shall…
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize Us to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us. We may also block Your access to any Services pending resolution of any amounts due by You to Us.
All of Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. If You use the Services from countries outside of the United States You must agree to abide by all local rules regarding online conduct and acceptable content.
Services made available to You by Us are licensed, and not sold, to You, subject to the Terms of this Agreement and Your timely payment of any fees due and payable by You. Your license to use Our Services is subject to Your prior acceptance of this Agreement and You agree that these Terms will apply to each product and service, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or Your access to any other person or entity. Other than the rights granted to You in this Agreement, We grant You no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on Our Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with Our Services). You may, however, copy, share, or distribute material provided by the services when such material is specifically identified as “shareable”, or as a “handout”.
You agree to use Our Services only as permitted under this Agreement and any Terms delivered with Our Services. Any violation of these Terms may subject You to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of Your license to use Our Services. If We reasonably suspect that You have violated this Agreement, or if You have not paid the fees that are due and payable by You to Us, then, without notice to You, We may terminate this Agreement, the license, and Your Account and deny You further access to Our Services. Upon termination of this license, You shall cease all use of Our Services and remain liable for paying all amounts that may be due and payable by You to Us. We reserve the right to modify, suspend, remove, or disable access to Services at any time without notice and in no event will We be liable for making any such changes.
You understand and agree that Our Services constitute intellectual property and proprietary material that is owned by Us or licensed to Us by the copyright holder, and are protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to You under this Agreement are reserved by Us. Our names, trademarks, service marks, graphics, and logos used in connection with Our Services are Our trademarks or registered trademarks in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Our Services may be the trademarks of their respective owners. We do not grant to You any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
You agree to abide by all copyright notices and restrictions contained on this website, and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in Our Services, except that You may download one copy of any materials accessible online so long as You comply with the Terms of this Agreement. All Services are provided for Your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on Our Services. All rights are reserved. Our logos, trademarks, and service marks (together, “Marks”) are owned by Us. You may not use the Marks without Our prior written approval.
Our Services are not provided for redistribution or resale under this Agreement.
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where You reside, in Your use of Our Services. You will not use Our Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export Our Services except as is permitted under U.S. laws and the laws of the jurisdiction where You reside. Our Services may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that You are not located in any such country or on any such list.
We may include material from third-parties or include links to third-party websites in Our Services. Such material is provided as a convenience to You, and We assume no liability or responsibility for such third-party materials or websites. Please note that these third-party websites may have privacy policies that differ from Ours, and We encourage You to carefully read those policies. Our Privacy Notice applies only to information collected by this website.
OUR PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. No oral or written statement by any of Our employees or representatives shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to You. No oral or written statement by any of Our employees or representatives shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to You.
YOU EXPRESSLY AGREE THAT Your use of, or Your inability to use, Our Services is at Your sole risk. We do not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within Our Services or for any errors, omissions, or any outcomes related to Your use of Our Services. We take precautions to protect against, but make no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. We do not guarantee that Your use of Our Services will be error-free or uninterrupted.
You and those with whom You work or provide exercise advice should always review the instructions and recommendations of the manufacturer of any exercise equipment before use, even equipment that appears in any of Our Services, as the manufacturer’s instructions and recommendations may have changed since the publication of Our Services.
YOU EXPRESSLY AGREE that We are not responsible for harm that may arise from the use or misuse of any exercise equipment by You or any person to whom You provide exercise advice or instruction.
We make no representations or warranties and assume no liability regarding the background, suitability, or qualifications of the authors of who provide content, including continuing education or other coursework, that is hosted by or accessed through Us (“Third-Party Content”). Your use of Third-Party Content is at Your sole risk. We do not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Third-Party Content or for any errors, omissions, or any outcomes related to Your use of such Third-Party Content.
We are not engaged in rendering medical, psychological, legal, or other professional advice or services, and the content of Our Services or Our websites and marketing materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought. Please consult a physician, mental health professional, or other appropriate professional before using any of the information, services, products, or other resources You may find in the content of Our Services or Our websites and marketing materials, or other resources mentioned or made accessible through Our websites.
We do not endorse, sponsor, or guarantee any of the information of others, including sponsors, providers, or partners, that may be accessible or made available on Our websites or in Our marketing materials or posted by any users who are not Our officers, directors, employees, representatives, or agents.
We do not guarantee that the use of any of Our self-study content or preparation materials guarantees success on the certification exam or of future employment.
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR ADVISORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall Our total liability to You for all damages exceed the amount of one hundred US dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
By using Our Services and this Site, You accept this Agreement and You agree that You will indemnify and hold Us, Our parent companies, and affiliated entities, Our and their respective directors, officers, employees, agents, contractors, principals, and Our suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents harmless in connection with any claim arising out of Your breach of the Terms of this Agreement, Your use of Our Services, or any action taken by Us to protect its intellectual property, including, but not limited to, suspension or termination of Your access to Our Services.
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If You are under 13, do not use the Services and do not send any information about Yourself to us. If We learn We have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact us.
If You violate any of these Terms, We reserve the right to terminate or suspend, in whole or in part, without notice, Your access to Our Sites, Services and content.
Except for information that We expressly agree to treat confidential, any communication, material, or information that You transmit or post (“User Content”) will be deemed non-confidential. If You post User Content, You agree that Your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:
By posting any User Content, You represent and warrant that You have the lawful right to distribute and reproduce such User Content. Any use of Our Services or content in violation of these Terms, including the foregoing, may result in, among other things, termination or suspension of Your rights to use Our Services or content.
Also, by posting any User Content or material on Our Services, You grant Us a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use.
Entire Agreement. These Terms, the Privacy Notice, and any policies applicable to You posted on Our Services constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the Parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or email. By using Our Services or communicating with Us, You agree that We may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If We learn of a security system’s breach, We may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to Us at support@mentalwellbeingassociation. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You legal notice by mail to a postal address, if provided by You through Your use any of the Services. In such case, notice will be deemed given three days after the date of mailing.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither We nor any other party to these Terms shall have, or hold itself out to any third-party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the Party to be bound.
Governing Laws. Each Party is responsible for complying with all applicable laws, rules, and regulations, all third-party rights. Neither Party shall use the data provided to the other Party in a manner that violates such laws, rules, and regulations or third parties’ rights or in a manner that is deceptive, unethical, false or misleading. These Terms and Your use of the Services shall be governed by the substantive laws of the State of Maryland without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Maryland. In the event of any dispute, said action shall be venued in the County of Baltimore, State of Maryland, and Parties agree to the jurisdiction of any court in said County.
We do not discriminate against any individual because of age, disability, gender identity, national origin, race, religion, sexual orientation, veteran status, or any other protected class. We endorse and adhere to the principles of equal opportunity.
22. Agreement to Arbitrate and Class Action Waiver
THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.
Before bringing a formal legal case, please first try contacting Our support team at support@mentalwellbeingassociation.org. Most disputes can be resolved that way.
We Both Agree to Arbitrate. If we can’t resolve our dispute amicably, You and We agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
Either of us can bring a claim in small claims court in Timonium, Maryland, or some other place we both agree on, if it qualifies to be brought in that court.
In addition, if You or We bring a claim in court that should be arbitrated or either of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or We may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
No Class Actions. Both Parties agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor We can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on “No Class Actions” is not enforceable or not valid, then this entire Section 22 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.
The Arbitration Process. Any disputes between You and Us relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance-based arbitration. A Party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and We agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the Party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and Us relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.
Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in Baltimore, Maryland. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Changes. Notwithstanding the provisions of the modification-related provisions above, if We change this “Agreement to Arbitrate and Class Action Waiver” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by providing Us written notice of such rejection by mail or hand delivery to: Mental Wellbeing Association, Attn: Legal, 212 W. Padonia Rd., Timonium, MD 21093, or by email from the email address associated with Your Account to: support@mentalwellbeingassociation.org, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. In order to be effective, the notice must include Your full name and clearly indicate Your intent to reject changes to this “Agreement to Arbitrate and Class Action Waiver” section. By rejecting changes, You are agreeing that You will arbitrate any dispute between You and Us in accordance with the provisions of this “Agreement to Arbitrate and Class Action Waiver” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
