1. ACCEPTANCE OF TERMSWelcome to Dr. Joyce Fusek's website and online courses. These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Joyce Fusek, Psy.D., LLC ("we," "us," "our," or "Dr. Fusek"), governing your access to and use of our website, online courses, and related services. By accessing or using our website, purchasing our courses, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at https://www.drjoycefusek.org/privacy-policy). If you do not agree to these Terms, you must immediately cease all use of our website and services.
2. ELIGIBILITY AND AGE REQUIREMENTS2.1 Age RestrictionYou must be at least 18 years of age to access our website, purchase our courses, or use our services. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this binding agreement. 2.2 MinorsIf you are under 18 years of age, you may not use our website or services under any circumstances, even with parental consent. 3. SERVICES AND PRODUCTS3.1 Description of ServicesJoyce Fusek, Psy.D., LLC is a licensed Clinical Psychologist offering mental health services through telehealth and online educational courses. Our services include:
3.2 Educational Nature of Online Courses
• Online course content does not constitute a therapeutic relationship between you and Dr. Fusek • Course materials should not replace consultation with qualified healthcare professionals • If you are experiencing a mental health crisis or emergency, immediately contact 911 or your local emergency services • Always seek the advice of your physician or qualified mental health provider with questions regarding medical or psychological conditions 3.3 Online Therapy ServicesOnline therapy services provided through our telehealth platform constitute professional therapeutic services and are subject to separate agreements, professional standards, and regulatory requirements beyond these Terms. 4. INTELLECTUAL PROPERTY RIGHTS4.1 OwnershipAll content, materials, courses, videos, text, graphics, logos, images, audio, software, and other intellectual property available through our website and courses ("Content") are the exclusive property of Joyce Fusek, Psy.D., LLC and are protected by United States and international copyright, trademark, and other intellectual property laws. 4.2 Prohibited UsesYou are expressly prohibited from:
4.3 Limited LicenseUpon purchase, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view course materials solely for your personal, non-commercial use. This license does not grant you any ownership rights to the Content. 5. PAYMENT TERMS5.1 Payment ProcessorsWe use Stripe integrated with Kajabi Payments to process all transactions. By making a purchase, you agree to the terms and policies of: • Stripe: https://stripe.com/legal • Kajabi Payments: https://kajabi.com/policies/payment-terms 5.2 Pricing and Payment• All prices are listed in U.S. Dollars (USD) • Payment is required in full at the time of purchase unless you select a payment plan option • We reserve the right to change pricing at any time without prior notice • Promotional pricing and discounts cannot be combined unless explicitly stated 5.3 Payment PlansWe offer 3-month payment plans at 0% interest for select courses. Payment plan terms:
5.4 Buy Now, Pay Later OptionsWe offer financing through Klarna and Afterpay. These services are subject to their own terms and conditions: • Klarna: https://www.klarna.com/us/terms/ • Afterpay: https://www.afterpay.com/terms-of-service You are responsible for reviewing and accepting the terms of these third-party services. 6. NO REFUND POLICY6.1 All Sales Are Final
By completing your purchase, you acknowledge and agree that: • You will not be entitled to a refund for any reason • All payments are non-refundable once processed • This policy applies to all purchase types, including full payments, payment plans, and financing options 6.2 Non-Refundable Circumstances IncludeYou will not receive a refund in any of the following situations (this list is not exhaustive):
6.3 Due DiligenceBefore purchasing, you are responsible for: • Reviewing all course descriptions and materials available • Understanding the course content and structure • Ensuring the course meets your needs and expectations • Verifying technical compatibility with your devices • Reading and understanding these Terms in their entirety 6.4 Chargebacks and Payment DisputesInitiating a chargeback or payment dispute will result in:
7. COURSE ACCESS AND DURATION7.1 Lifetime AccessUpon successful payment, you receive lifetime access to purchased course materials, subject to: • Continued compliance with these Terms • Our right to update, modify, or discontinue course content • Payment of all amounts owed if on a payment plan 7.2 Access SuspensionYour access may be immediately suspended or terminated if: • Any payment fails or is missed • You violate these Terms or course community policies • You engage in fraudulent, abusive, or illegal activities • Chargeback or payment disputes are initiated 7.3 No Guaranteed Access to UpdatesWhile we strive to improve our courses, we do not guarantee any specific updates, additions, or modifications to course content. Any updates provided are at our sole discretion. 8. PLATFORM AND TECHNOLOGY8.1 Kajabi PlatformOur courses are hosted on Kajabi. By enrolling in a course, you acknowledge: • Course access requires internet connectivity • You are responsible for maintaining compatible devices and browsers • We are not liable for Kajabi platform downtime or technical issues • Kajabi's terms of service apply: https://kajabi.com/policies/terms-of-use 8.2 Technical RequirementsYou are responsible for: • Maintaining adequate internet connectivity • Using compatible devices and updated browsers • Protecting your login credentials • Any costs associated with accessing our courses 9. COMMUNITY GUIDELINES AND USER CONDUCT9.1 Course Comments and QuestionsStudents may leave comments and ask questions within the course portal for each lesson. All communications must: • Be respectful and professional • Avoid offensive, discriminatory, or harassing language • Not violate any person's privacy or rights • Remain relevant to course content 9.2 Prohibited ConductThe following behaviors are strictly prohibited:
9.3 EnforcementDr. Joyce Fusek reserves the sole and absolute right to determine what constitutes acceptable conduct. We may: • Remove any comments or content at our discretion • Issue warnings to users • Immediately revoke course access for policy violations • Report illegal activities to appropriate authorities 9.4 No Refunds for ViolationsIf your access is revoked due to policy violations, you are not entitled to any refund and remain responsible for any outstanding payments. 10. NO RESULTS GUARANTEE10.1 Individual Results VaryWe do not guarantee any specific results, outcomes, or benefits from participation in our courses. Each student may interpret and implement course materials differently, and results depend on numerous factors beyond our control, including: • Individual effort and commitment • Personal circumstances and background • Pre-existing conditions or limitations • Application and implementation of course concepts 10.2 TestimonialsAny testimonials or success stories shared are individual experiences and do not guarantee similar results for you. Individual results vary and depend on personal effort, circumstances, and application of the material. 11. LIMITATION OF LIABILITY11.1 Maximum Liability
11.2 Exclusion of DamagesIN NO EVENT SHALL JOYCE FUSEK, PSY.D., LLC BE LIABLE FOR ANY: • Indirect, incidental, special, consequential, or punitive damages • Loss of profits, revenue, data, or business opportunities • Emotional distress or personal injury (except where prohibited by law) • Damages resulting from your use or inability to use our services • Damages arising from third-party conduct or content This limitation applies regardless of whether we were advised of the possibility of such damages. 11.3 Healthcare LimitationsWe are not liable for: • Any health outcomes resulting from course participation • Decisions made based on course content • Failure to seek appropriate professional medical or mental health care • Reliance on course materials as a substitute for professional treatment 12. INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless Joyce Fusek, Psy.D., LLC, its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: • Your violation of these Terms • Your use or misuse of our services • Your violation of any third-party rights • Your fraudulent, illegal, or unauthorized activities • Content you post or submit through our platform 13. PRIVACY AND DATA COLLECTION13.1 Privacy PolicyYour privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at https://www.drjoycefusek.org/privacy-policy, which is incorporated into these Terms by reference. 13.2 Data CollectionWe collect and process personal information including: • Name, email address, and phone number • Payment information (processed securely through Stripe) • Course progress and activity data • Communications and support inquiries 13.3 Third-Party ProcessorsBy using our services, you acknowledge that your data will be processed by: • Kajabi (course hosting and customer management) • Stripe (payment processing) • Future analytics tools (Meta Pixel, Google Analytics) For more information, please review our Privacy Policy and the privacy policies of these third-party services. 14. DISPUTE RESOLUTION14.1 Governing LawThese Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. 14.2 Mandatory ArbitrationAny dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Illinois, or by telephone or online conference if mutually agreed. 14.3 Class Action Waiver
You expressly waive your right to participate in any class action lawsuit or class-wide arbitration. 14.4 Exception to ArbitrationEither party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized use of our services. 14.5 Informal ResolutionBefore initiating arbitration, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days. 15. MODIFICATIONS TO TERMS15.1 Right to ModifyWe reserve the right to modify, update, or change these Terms at any time without prior notice. Changes become effective immediately upon posting to our website. 15.2 NotificationWhen we make material changes to these Terms, we will notify you via email at the address associated with your account. Your continued use of our services after receiving notice constitutes acceptance of the modified Terms. 15.3 Review ResponsibilityYou are responsible for regularly reviewing these Terms. If you do not agree to modified Terms, you must immediately cease using our services. 16. ACCOUNT SECURITY16.1 Your ResponsibilityYou are solely responsible for: • Maintaining the confidentiality of your login credentials • All activities that occur under your account • Notifying us immediately of any unauthorized access 16.2 Account Sharing ProhibitedCourse access is granted for individual use only. Sharing login credentials with others is strictly prohibited and constitutes a material breach of these Terms. 17. TERMINATION17.1 Our Right to TerminateWe reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any reason, including: • Violation of these Terms • Fraudulent or illegal activity • Non-payment or payment disputes • Abusive or inappropriate conduct • At our sole discretion 17.2 Effects of TerminationUpon termination: • Your access to courses and materials will be immediately revoked • You remain responsible for all outstanding payments • No refunds will be provided for terminated accounts • Provisions that by their nature should survive (including limitations of liability, indemnification, and dispute resolution) will continue to apply 18. SEVERABILITYIf any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable. 19. ENTIRE AGREEMENTThese Terms, together with our Privacy Policy and any other written agreements between you and Joyce Fusek, Psy.D., LLC, constitute the entire agreement between you and us regarding our services and supersede all prior agreements, representations, and understandings. 20. NO WAIVEROur failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Joyce Fusek, Psy.D., LLC. 21. ASSIGNMENTYou may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time without notice or consent. 22. CONTACT INFORMATIONFor questions, concerns, or notices regarding these Terms, please contact:
23. ACKNOWLEDGMENTBy using our website, purchasing our courses, or engaging with our services, you acknowledge that:
|
