21 DAY NERVOUS SYSTEM TUNE-UP
SERVICE OFFERING AGREEMENT
[February 1, 2022]
What is the 21 Day Nervous System Tune-up?
The 21 Day Nervous System Tune-up is a self-study virtual training course that blends cutting edge neuroscience with crafty neurosensory exercises, all designed to spark up your nervous system powers by helping you discover the mind-body-environment connection.
The 21 Day Nervous System Tune-up is educational. It is not individual or group therapy. It educates you about trauma and stress physiology (biology of stress videos, audio lessons, and other tools), and it educates you in ways to pay attention to yourself (Neurosensory Exercises) that often have a therapeutic value. This is a result of your engagement with the process of learning and exercises within the course.
The 21 Day Nervous System Tune-up is an introductory course that covers basic nervous system education and neurosensory practices. The impacts from the “Tune-Up” typically result from consistently engaging with the lessons and integrating the learning and practice into everyday life. To support this learning and integration, most lessons in the course are intentionally somewhat brief. The majority of the lessons are based on materials from SmartBody SmartMind, a comprehensive nervous system-based program offered by the Company.
What is included?
What are alumni benefits?
Once the course ends you become an alumni of this course. As an alumni, and subject to the terms in this Agreement or otherwise posted when accessing materials, you will gain lifetime access to 21 Day Nervous System Tune-up content and support for as long as the course is in existence. This includes receiving any upgrades and new materials free of charge that are added to the course. Thus, as an alumni you will have the opportunity to revisit the material at any time to further your development.
You will have access to our official 21 Day Nervous System Tune-up course site year round to connect with like minded peers and the Company’s moderators and representatives (“Company Representatives”).
Will there be new content every day for 21 days?
No and this is on purpose. Spacing and repetition are an intentional part of the course’s design. Just as you wouldn’t go see a therapist every day for 21 days, it is also too much for our delicate nervous system to be faced with a new lesson every day for 21 days. Rest, integration and repetition, as well as time to catch up if you are behind, are all crucial elements of nervous system healing and they are built into the course for that reason.
What support is available?
You will have the opportunity to ask questions and connect with other participants on this journey via the course site. Please note, there is no direct access to Irene and questions will be answered by trained Company Representatives. Company Representatives are trained in a variety of methods and modalities which include, but are not limited to, Somatic Experiencing, Somatic Practice and/or Feldenkrais.
All communication during the 21 Day Nervous System Tune-up course, and materials accessed as an alumni are subject to confidentiality obligations contained within this Agreement..
For any technical support, our support team can be reached at firstname.lastname@example.org and we will get back to you within 48 hours. Our regular business hours are Monday to Friday, 9AM – 3PM Eastern North America Time.
Confidentiality and Limited License
By participating in the 21 Day Nervous System Tune-up, you agree and acknowledge that no recording of any kind is allowed within the course site or otherwise. All participant information shared during the 21 Day Nervous System Tune-up, or accessed as an alumni of the 21 Day Nervous System Tune-up, is considered strictly confidential and not to be publicly shared without Company approval.
Any information provided to you or otherwise accessed in connection with or as an alumni of the 21 Day Nervous System Tune-up shall be in accordance with this Agreement, our website terms, and any other terms included each time such information is provided or accessed. In providing any such information to you, on the foregoing terms, the Company is granting you a non-exclusive, non-transferrable, non-assignable, non-sublicensable limited license solely for personal use and access to such information, as and when made available by the Company. In granting such limited license, the Company shall retain all right, title, and interest in and to such information.
For clarity, any information provided or made available to you, whether accessed online or made available for download offline, shall not be posted online or otherwise shared with any third party, nor be used for any commercial purpose, without the Company’s prior written approval.
Can I get a refund?
Due to the digital nature of the course no refunds are offered.
When does the course start?
The course is available to start right away, as soon as you register, and registration is always open!
The Company is committed to fostering a respectful environment where course participants are welcoming and inclusive of all, and treat others with dignity and respect and in a non- discriminatory manner.
I hereby acknowledge that if, in the reasonable opinion of the Company or Company Representatives, I am acting in a disrespectful manner to participants or Company Representatives or both, I may be removed from the course and may have access to all materials, whether online or otherwise, revoked without notice and without refund.
Changes to this Agreement
Please note that we reserve the right to modify all offerings listed in this Agreement, when reasonably necessary or advisable. In such cases, we will use reasonable efforts to communicate with you in the event of any such changes to this Agreement.
Who should I contact with questions?
Thank you for your interest in this online course. If you should have any questions around our policies, how the course is delivered, what is involved and its suitability for you and your personal and professional needs do not hesitate to email us at email@example.com
Assumption of risks
You agree that you are aware and understand that the 21 Day Nervous System Tune-up course and related activities may involve risks and dangers, including but not limited to the risk of injury. You acknowledge that you are voluntarily participating in the 21 Day Nervous System Tune-up course and the related activities and you freely accept and fully assume any and all of the risks and dangers involved, whether caused by the negligence of the Company, Company Representatives, or otherwise.
By participating in the 21 Day Nervous System Tune-up course you expressly waive and release any and all claims (“Claims”) which you have or may in the future against the Company and Company Representatives, including their respective affiliates, employees, agents, and representatives (collectively, the “Indemnified Parties”) on account of any injury or damage arising out of or attributable to your participation in the 21 Day Nervous System Tune-up course or the related activities. You agree not to commence or bring any Claims against the Indemnified Parties and you irrevocably release and discharge the Indemnified Parties from liability under the Claims.
Please note that the 21 Day Nervous System Tune-up is not a substitute for professional medical advice, diagnosis, or treatment. It is intended to provide somatic, nervous system based information for your education and learning. The 21 Day Nervous System Tune-up has not been scientifically evaluated and should not be used as a substitute for medical or psychiatric advice, cannot diagnose or treat any medical or psychiatric condition and does not replace care from your physician. We are not psychiatrists, psychologists, or medical professionals. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call your local emergency services immediately.
Limitation of Liability
The Company’s liability with respect to its obligations under this Agreement or otherwise, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, and even if the Company has been advised of the possibility of such damages and for any and all claims arising under or in connection with this Agreement, regardless of the form of action, shall not exceed the aggregate amount of the fees that you pay hereunder.
In no event shall the Company be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, indirect, special, punitive or exemplarily damages for lost business, lost savings, lost data, and lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.
I agree that this Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to their conflict of laws principles. Should a dispute arise as a result of this Agreement, I agree to submit to the exclusive jurisdiction of the courts of British Columbia and waive any jurisdictional objections to such courts. I further agree that the prevailing party in any action that arises as a result of this Agreement will be entitled to receive from the other party its reasonable legal costs.
Acknowledgement and Independent Legal Advice
I have read the above terms and fully understand them. I am of the legal age of majority in my jurisdiction and am authorized to grant the permissions, waivers, and releases set forth above. I have sought or hereby waive the opportunity to seek independent legal advice prior to accepting the terms of this Agreement.
Last Updated: February 1, 2022