Terms of Service | Joyful Mind

TERMS OF WEBSITE USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR BOOKING A CONSULTATION WITH KRISTEN MYERS, PHD, MPH, MSN, RN, PMH-BC. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website, or access the services offered herein.

Your access to and use of this website, as well as all related websites operated by Joyful Mind Institute, LLC (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Joyful Mind Institute, LLC (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the
Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at info@joyfulmindinstitute.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company 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.
The Company shall 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 you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOUR RELATIONSHIP WILL IMPROVE OR CHANGE WHILE USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN INDIVIDUAL AND RELATIONSHIP POTENTIAL AS WELL AS EXECUTING YOUR OWN INDIVIDUAL AND RELATIONSHIP CHANGE. YOUR PERSONAL POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN UNIQUE SITUATION, THE TIME YOU DEVOTE TO THE PROGRAM, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
This agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Story County, Iowa. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.

COACHING

Terms of Service and Refund Policy

Consultation and private coaching provide an opportunity for you to meet with Kristen Myers, PhD, MPH, MSN, RN, PMH-BC, a psychiatric-mental health and education expert, to examine you or your child’s experiences, challenges, concerns, and questions. Kristen will provide you with educational insights, expert feedback and next-step recommendations based on your needs and goals. These may include private coaching, counseling/treatment with another specialist, evaluation, etc.

Social coaching is particularly beneficial for individuals who are looking to enhance their social skills, improve interpersonal relationships, navigate social situations more effectively, or overcome social anxiety. It is best suited for a wide range of individuals, including:

People with Social Anxiety: Those who experience nervousness or fear in social situations can benefit from social coaching to develop strategies to manage their anxiety and improve their confidence in interacting with others.
Individuals on the Autism Spectrum: Social coaching can offer tailored strategies to help those on the autism spectrum understand social cues, engage in more effective communication, and navigate social norms more comfortably.
Young Adults and Teens: Adolescents and young adults can benefit from social coaching as they navigate the complexities of social relationships during these formative years, helping them to build self-esteem and establish healthy social interactions.
People with ADHD: Individuals with Attention Deficit Hyperactivity Disorder (ADHD) may face challenges in social settings due to impulsivity, difficulties in maintaining attention, or struggles with organizational skills. Social coaching can provide strategies to improve these interactions.
Individuals Seeking to Expand Their Social Circles: Those looking to make new friends or expand their social networks can learn strategies for initiating conversations, making connections, and developing meaningful relationships.
Individuals Looking to Improve Dating Skills: Those seeking romantic relationships may benefit from social coaching to improve their confidence, communication skills, and understanding of social cues in dating contexts.
Parents and Caregivers: Coaching can also benefit parents and caregivers looking for strategies to support their children's social development or to navigate their own social challenges related to parenting and caregiving roles.

Social coaching is designed to be flexible and adaptable, catering to the unique needs and goals of each individual. It focuses on practical strategies and skills development, making it suitable for anyone looking to enhance their social capabilities and overall quality of life through improved social interactions.

SCOPE OF SERVICES

Kristen Myers, PhD, MPH, MSN, RN, PMH-BC, has a doctoral degree in nursing, a master’s degree in public health, and a master’s degree in nursing education. Her specialty certifications include certified autism specialist and board-certified psychiatric-mental health nurse by the American Nurses Credentialing Center (ANCC). She is a licensed Registered Nurse in the state of Iowa and has actively held this license since 2005.

Although Kristen Myers, PhD, MPH, MSN, RN, PMH-BC is qualified to assess, care for, educate, and provide services to individuals seeking help for health-related issues and psychiatric-mental health conditions, her consultation, evaluation, and coaching services do not involve clinical diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. A Registered Nurse does not possess the authority to diagnose or prescribe treatment for mental health conditions. A Registered Nurse does not possess the authority to submit claims to health insurance plans. Kristen Myers, PhD, MPH, MSN, RN, PMH-BC’s services are not for the purpose of treating mental illness or substance abuse.

FEES AND PAYMENT POLICY

PRIVATE COACHING, CONSULTATION, AND EVALUATION

PAYMENT IS DUE AT THE TIME OF BOOKING YOUR APPOINTMENT AND MUST BE RECEIVED WITHIN 48 HOURS OF BOOKING IN ORDER TO AVOID APPOINTMENT CANCELLATION.

If you are unable to pay by credit card, please contact us directly to send you an invoice to pay by ACH bank draft. If paying by bank draft, payment is due upon receipt of your invoice.

FORMS OF PAYMENT

These services are not covered by insurance, but some flexible spending accounts or health savings accounts may provide reimbursement. It is your sole responsibility to determine your coverage. Joyful Mind Institute, LLC will not file any insurance forms on your behalf, but will provide proof of services and payment.

By entering your credit card information, making payment, or otherwise booking, electronically, or otherwise, a consultation, evaluation, a coaching group, or intensive coaching program, you are entering into a legally binding agreement with Joyful Mind Institute, LLC to receive services according to the following terms and conditions:

Failure to Pay: In the event that you fail to make any payments due in accordance with the terms, or do not perform obligations according to these terms, Joyful Mind Institute, LLC may terminate services immediately without notice and may also commence proceedings to collect any outstanding debts owed.

WARRANTIES AND REFUNDS

Joyful Mind Institute, LLC represents and warrants:

(a) in providing the services, she will comply with all law and industry standards to the best of her knowledge;

(b) the work performed will be done to a high standard in accordance with best practices for nursing and coaching professionals; and

(c) the scope of the services will be limited to the description provided in these terms. Similar or equivalent services may be substituted from time to time if, in the sole opinion of Joyful Mind Institute, LLC, it would benefit you or be required to meet the terms.

You represent and warrant:

(a) that you will provide all relevant information required for Joyful Mind Institute, LLC to carry out the terms.

APPOINTMENTS AND CANCELLATIONS: Please remember to cancel or reschedule 48 hours in advance for groups, consultations, private coaching, workshops, or other scheduled events.

Cancellations and re-scheduled appointments will be subject to a full charge if NOT RECEIVED AT LEAST 48 HOURS IN ADVANCE. This is necessary because a time commitment is made to you and is held exclusively for you. Appointments will begin promptly at the time you are scheduled. If you are late for an appointment, you may lose some of that session time. You acknowledge and agree that upon execution of these terms to be responsible for the full extent of the agreed-upon fee.

Refunds for cancellation or termination of services for any reason whatsoever are issued at the sole discretion of Joyful Mind Institute, LLC.

CHARGEBACKS

Chargebacks without Joyful Mind Institute, LLC’s prior written consent are not authorized.

I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify Joyful Mind Institute, LLC in writing of any changes in my account information or termination of this authorization.

I certify that payment will be made by an authorized user of the credit card provided and that I will not dispute these scheduled transactions with my bank or credit card company as long as the transactions correspond to the terms indicated in this authorization form.

CONFIDENTIALITY POLICY

All information shared in evaluations, support groups, workshops, consultation or private coaching will remain confidential. If you share something with Joyful Mind Institute, LLC without the knowledge of your partner or child, it will not be disclosed to the absolute best of Kristen’s ability. At times, she may encourage you to share information that she deems critical. However, she will not disclose information you have shared without your consent.

On occasion, general information from a private session may be shared to teach in a public forum, but your names, details, and other identifying information will never be shared.

Occasionally Kristen Myers, PhD, MPH, MSN, RN, PMH-BC may need to consult with other professionals in their areas of expertise in order to provide the best services for you. Information about you may be shared in this context without using your name or other identifying information.

LIMITS TO CONFIDENTIALITY

The consultation and coaching content and all relevant materials will be held confidential unless you request in writing to have all or portions of such content released to a specifically named person/persons.

Limitations of client-held privilege of confidentiality exist and are itemized below:

If a client threatens or attempts to commit suicide or otherwise conducts themselves in a manner in which there is a substantial risk of incurring serious bodily harm.
If a client threatens grave bodily harm or death to another person.
If Kristen Myers, PhD, MPH, MSN, RN, PMH-BC, has a reasonable suspicion that a client or other named victim is the perpetrator, observer of, or actual victim of physical, emotional, or sexual abuse of children under the age of 18 years.
Suspicions, as stated above, in the case of an elderly person who may be subjected to these abuses.
Suspected neglect of the parties who are minors, or otherwise unable to self-advocate due to cognitive or developmental limitations.
If a court of law issues a legitimate subpoena for information stated on the subpoena.
If by order of a court of law, or if information is shared for the purpose of rendering an expert’s report to an attorney. I caution you not to plan for me to be an expert witness, or to provide a written affidavit without discussing it with me. There are significant risks to involving a coach in legal affairs.
If a complaint or allegations are made about Kristen Myers, PhD, MPH, MSN, RN, PMH-BC and her educational content or services, she may have to reveal some confidential information to provide a response. Every effort will be made to maintain privacy and to avoid revealing identifying information.

You may request a copy of your records which includes your appointment dates, fees, and participants, as well as a copy of your service agreement. You will not be provided with Kristen’s personal notes.

SECURITY AND PRIVACY

All payment and personal information will be kept in a secure manner in accordance with United States and European privacy requirements.

The insight and guidance that Kristen Myers, PhD, MPH, MSN, RN, PMH-BC will provide depends largely on your motivation and willingness to engage in this process, which may, at times, result in considerable discomfort. Remembering unpleasant events and becoming aware of feelings attached to those events can bring on strong feelings of anger, depression, anxiety, etc.

There are no miracle cures or quick-fix solutions. Kristen Myers, PhD, MPH, MSN, RN, PMH-BC cannot guarantee that your life or your child’s life will change as a result of services she provides to you. She can promise to provide you her expert opinion and guidance to help you get clarity and to identify solutions for your needs.

EXPECTATIONS

YOU CAN EXPECT THE FOLLOWING FROM KRISTEN MYERS, PHD, MPH, MSN, RN, PMH-BC:

To provide direction, encouragement, and support in a non-judgmental environment.
To provide observations and direct feedback based on expertise and experience.
To listen carefully to what you say, and to make recommendations based on your individual goals.
To use assessment instruments that are of a professional industry standard.
To provide you with a verbal explanation of any applicable assessment data.
To provide implementable, and actionable methods and strategies for meeting your personal goals.
To provide honest and professional expertise regarding your skills and abilities.
To be forthcoming regarding any dysfunctional, harmful, or abusive behavior that is witnessed or observed.
To set boundaries regarding any harmful or abusive behavior that is experienced by Kristen Myers directly from any client.
To be respectful of your personal values, beliefs, wishes, and preferences.

KRISTEN MYERS, PHD, MPH, MSN, RN, PMH-BC EXPECTS THAT YOU WILL:

Commit yourself to intentional curiosity and discovery.
Provide honest and truthful information.
Be open to receiving her observations and guidance about you and/or your child's personal traits, characteristics, and behaviors.
Conduct yourself on video calls and in messages with care and respect, and without harassment or verbal attacks/abuse toward your partner or Kristen Myers.

OUTCOMES

You are solely responsible for you and/or your child’s own physical, mental, and emotional well-being, including decisions, choices, actions, and results arising out of, or resulting from, this consultation/evaluation and coaching program. You understand that Joyful Mind Institute, LLC and Kristen Myers do not condone forcing you or your child’s participation in private or group coaching. Participants must voluntarily agree to participate, regardless of age. As such, you agree that Joyful Mind Institute, LLC and associates are not, and will not be, liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided. Your choice, effort, and motivation to participate in this consultation/evaluation and coaching program, and to follow, or not follow, the subsequent guidance received, is entirely your responsibility. The outcomes that you seek are not guaranteed.

Unhappiness or dissatisfaction with Kristen Myers, PhD, MPH, MSN, RN, PMH-BC’s professional expertise or coaching methods is NOT grounds for a refund.

If Kristen Myers, PhD, MPH, MSN, RN, PMH-BC, cancels or terminates your services for reasons that are related to her own inability to provide you the agreed-upon services, she will determine a refund amount based on the amount of services you have/have not received.

SOCIAL MEDIA

Due to the importance of your confidentiality, Kristen Myers, PhD, MPH, MSN, RN, PMH-BC does not accept friend or contact requests from current or former clients on any social networking site (Facebook, LinkedIn, etc). You are free to follow Joyful Mind Institute, LLC on social media or join private social media groups.

ELECTRONIC COMMUNICATION

Kristen Myers, PhD, MPH, MSN, RN, PMH-BC cannot ensure the confidentiality of any form of communication through electronic media, including text messages.

There are potential risks, consequences, and benefits of electronic communication. Potential benefits include, but are not limited to improved communication capabilities, providing convenient access to up-to-date information, consultations, support, reduced costs, improved quality, better access to coaching, better continuity of care, and reduction of lost work time and travel costs.

When using electronic communication in consultation, evaluation, and coaching services, potential risks include, but are not limited to Kristen Myers, PhD, MPH, MSN, RN, PMH-BC’s inability to make visual observations of potentially relevant issues such as: your physical condition, apparent height and weight, body type, attractiveness relative to social and cultural norms or standards, gait and motor coordination, posture, work speed, any noteworthy mannerism or gestures, physical or medical conditions including bruises or injuries, basic grooming and hygiene including appropriateness of dress, eye contact (including any changes in the previously listed issues), sex, chronological and apparent age, ethnicity, facial and body language, and congruence of language and facial or bodily expression. Potential consequences thus include Kristen Myers, PhD, MPH, MSN, RN, PMH-BC not being aware of what she would consider important information that you may not recognize as significant to present verbally.

OWNERSHIP OF INTELLECTUAL PROPERTY

Ownership of Intellectual Property and Confidential Information: All materials and work is provided without warranties of any kind, both express and implied. Any design, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during coaching is and will remain the property of Joyful Mind Institute, LLC at all times. No materials may be reproduced or used for any purpose other than personal and private use. You shall not be authorized to use any of Joyful Mind Institute, LLC’s intellectual property for business purposes. Authorization to share, copy, distribute, or otherwise disseminate any materials received from Joyful Mind Institute, LLC electronically or otherwise is not provided without the prior written consent of Joyful Mind Institute, LLC.

This agreement is not transferable or assignable without Joyful Mind Institute, LLC’s prior written consent.

LIMITATION OF LIABILITY, INDEMNITY, DISCLAIMER OF GUARANTEE

Indemnification: Joyful Mind Institute, LLC is in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of these services. You shall indemnify and hold harmless Joyful Mind Institute, LLC, and her representatives from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

Liability Terms: The liability of Joyful Mind Institute, LLC, is governed solely by United States Consumer Law and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

Own Risk: You acknowledge and agree that you use these services at your own risk, and agree they are liable for and agree to indemnify and hold harmless Joyful Mind Institute, LLC, and her representatives, for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.

NO SUBSTITUTE FOR OTHER PROFESSIONAL SERVICES

Medical Services: Services may involve health or other personal management discussions. Consultation and evaluation services should not replace discussions with other qualified healthcare or other relevant professionals and should not be used to diagnose or replace any professional treatment or management of any condition.

You are at all times responsible for you and/or your child’s own physical health and emotional well-being and are responsible to seek medical treatment (including, but not limited to psychotherapy), if needed. Joyful Mind Institute, LLC does not provide psychotherapy services. The organization is not responsible for any decisions made as a result of services. Pre-existing conditions must be treated by a medical professional and any information provided is not to be relied on in substitution. You understand that you therefore engage the Services at your own risk.

Legal Discussions: Services provided by Joyful Mind Institute, LLC should in no way replace discussions with qualified legal counsel.

CHOICE OF LAW/VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa without giving effect to any principles or conflicts of law pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of these terms.

Last Updated: February 20, 2024