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TERMS AND CONDITIONS

The Screen Balance Program

Last Updated: June 2, 2026

 

I understand that The Screen Balance Program is a general educational course only. It is not therapy, medical advice, psychological advice, counselling, diagnosis, treatment, cure, prevention, clinical assessment, safeguarding advice, crisis support, or individualized professional guidance of any kind. I understand that purchasing or using this course does not make me, my child, or my family a client or patient of Elevating Parenthood, LLP, Daniel O’Rourke, PhD, Jennifer Tininenko, PhD, or any associated professional or individual. I understand that I must consult a qualified professional licensed or authorised in my jurisdiction if I need advice specific to my child or family. I understand that I must contact emergency services immediately if there is any urgent safety concern.

  

IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING, ACCESSING, OR USING THIS COURSE. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, LIMITATIONS ON LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

 

These Terms and Conditions (“Terms”) govern your purchase of, access to, and use of The Screen Balance Program and all related materials, including but not limited to videos, written lessons, worksheets, handouts, downloads, assessments, questionnaires, checklists, scripts, guides, emails, images, diagrams, templates, community spaces, and any other content provided by Elevating Parenthood, LLP (collectively, the “Course Materials”).

 

By purchasing, accessing, viewing, downloading, or using The Screen Balance Program in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

 

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT PURCHASE, ACCESS, VIEW, DOWNLOAD, OR USE THE COURSE. YOUR ONLY REMEDY IN THAT CASE IS TO REFRAIN FROM PURCHASING OR USING THE COURSE.

 

1. Educational Purpose Only

The Screen Balance Program is provided for general educational and informational purposes only and for no other purpose.

The course is intended to help parents and caregivers learn general information about topics such as children’s screen use, family routines, sleep, emotional regulation, boredom, real-world activities, digital habits, parent–child communication, parental controls, and family decision-making.

THE COURSE IS NOT MEDICAL ADVICE, PSYCHOLOGICAL ADVICE, PSYCHOTHERAPY, COUNSELLING, CLINICAL ASSESSMENT, DIAGNOSIS, TREATMENT, SAFEGUARDING ADVICE, CRISIS SUPPORT, MENTAL HEALTH SERVICES, OR INDIVIDUALIZED PROFESSIONAL GUIDANCE OF ANY KIND.

Nothing in the course is intended to, and nothing in the course should be construed to, diagnose, treat, cure, prevent, monitor, or manage any medical, psychological, psychiatric, developmental, behavioural, educational, sleep-related, emotional, family, or other health condition.

You understand and irrevocably agree that the course is a general educational digital product only.

 

2. No Client, Patient, or Professional Relationship

Your purchase, access, viewing, downloading, or use of The Screen Balance Program does not create, and shall not be construed to create, any psychologist–client, therapist–client, counsellor–client, doctor–patient, clinician–patient, adviser–client, fiduciary, or any other professional, clinical, or legal relationship between you, your child, or your family and:

  • Elevating Parenthood, LLP
  • Daniel O’Rourke, PhD
  • Jennifer Tininenko, PhD
  • any owners, partners, directors, officers, employees, contractors, contributors, presenters, authors, consultants, affiliates, agents, insurers, successors, assigns, or associated professionals connected with the course.

 

Even if the course is created or presented by psychologists, doctors, therapists, clinicians, or other credentialed professionals, the course constitutes a general educational publication only. It does not constitute the provision of psychological services, therapy, counselling, medical care, clinical assessment, diagnosis, treatment, safeguarding review, risk assessment, crisis support, regulated health services, or individualized professional advice of any kind.

No person or entity associated with the course is evaluating, assessing, diagnosing, monitoring, treating, supervising, or providing professional care to you, your child, or your family through the course. Any use of professional titles is for background identification and credibility purposes only.

 

3. Not a Substitute for Professional Advice

The course is not a substitute for advice, assessment, diagnosis, treatment, or support from a qualified professional who can individually evaluate your child, your family, and your specific circumstances.

If you need advice specific to your child or family, you must consult a suitably qualified professional who is licensed, registered, or otherwise authorised to practise in your jurisdiction. Depending on your circumstances, this may include your doctor, paediatrician, psychologist, psychiatrist, therapist, counsellor, school professional, social worker, sleep specialist, safeguarding professional, or another appropriate provider.

YOU MUST NOT DELAY, AVOID, DISREGARD, OR DISCONTINUE PROFESSIONAL ADVICE BECAUSE OF ANYTHING CONTAINED IN OR IMPLIED BY THIS COURSE.

 

4. Not for Emergencies or Crisis Situations

The Screen Balance Program is not an emergency service and is entirely unsuitable for use in crisis or emergency situations.

IF YOU BELIEVE THAT YOUR CHILD, YOU, OR ANYONE ELSE MAY BE AT IMMEDIATE RISK OF HARM, OR IF THERE IS ANY CONCERN ABOUT SELF-HARM, SUICIDE, VIOLENCE, ABUSE, NEGLECT, EXPLOITATION, SERIOUS MENTAL HEALTH DETERIORATION, OR ANY OTHER URGENT SAFETY ISSUE, CONTACT EMERGENCY SERVICES, CRISIS SERVICES, OR YOUR LOCAL SAFEGUARDING AUTHORITY IMMEDIATELY. DO NOT RELY ON THIS COURSE IN AN EMERGENCY.

 

5. Your Sole Responsibility for Parenting and Safety Decisions

You are solely and exclusively responsible for all decisions you make about your child, your family, your parenting, your home environment, your child’s devices, screen access, routines, rules, consequences, supervision, online safety, sleep routines, activities, and any actions you take or do not take in connection with the course.

You agree to exercise your own independent judgement and to consider your child’s age, maturity, temperament, development, needs, vulnerabilities, health, mental health, family context, safety, and all relevant circumstances before applying any information from the course.

You are solely responsible for determining whether any course content is appropriate, safe, lawful, and suitable for your particular family and circumstances. Nothing in this course constitutes a direction, recommendation, or requirement that you implement any particular approach.

 

6. Course Materials Are General and Not Individualized

The course materials are general educational resources prepared without knowledge of your specific child, family, diagnoses, history, symptoms, risk level, household circumstances, location, school context, legal situation, co-parenting arrangement, or professional needs.

Any scripts, examples, worksheets, assessments, questionnaires, decision trees, handouts, recommendations, case examples, explanations, or suggested approaches included in the course are provided for general educational purposes only and must not be interpreted as professional advice about your child or family.

 

7. No Diagnosis, Treatment, or Clinical Assessment

The Screen Balance Program does not and cannot diagnose, treat, cure, prevent, or assess any medical, psychological, psychiatric, neurodevelopmental, behavioural, educational, sleep-related, or emotional condition. This includes, without limitation:

  • anxiety, depression, ADHD, autism spectrum disorder
  • behavioural difficulties, conduct disorder, oppositional defiant disorder
  • sleep disorders and sleep disturbances
  • trauma, post-traumatic stress, adverse childhood experiences
  • addiction, compulsive behaviours, gaming disorder, internet use disorder
  • self-harm, suicidal ideation, or suicidal behaviour
  • emotional dysregulation, attachment difficulties
  • family conflict, domestic and family issues
  • developmental concerns, learning disabilities
  • school-related difficulties
  • online safety risks and exploitation concerns.

 

If you are concerned about any of these or any related issues, you must seek advice from a qualified professional.

 

8. Assessments, Questionnaires, Profiles, Scores, and Decision Tools

Any questionnaires, scores, profiles, red-flag checklists, reflection exercises, screen-balance tools, diversified childhood tools, decision trees, or similar materials included in the course are provided for self-reflection and general educational purposes only.

They are not diagnostic tools. They are not clinical assessments. They are not validated clinical measures. They are not a substitute for professional evaluation. They must not be used to diagnose, rule out, assess, monitor, treat, or manage any condition, or to make any professional, legal, or clinical decision about your child or family.

If any questionnaire, score, checklist item, reflection question, or course activity raises a concern, you must consult a qualified professional promptly.

 

9. Online Safety, Harmful Content, and Risk

The course may discuss sensitive topics including online safety, social media, gaming, pornography, grooming risks, harmful content, emotional outbursts, sleep disruption, conflict, and device-related behaviour. This information is general and educational only. It is not a safeguarding assessment, clinical risk assessment, legal assessment, or individualized safety plan.

You are solely responsible for supervising your child’s device use, privacy settings, online activity, contacts, apps, gaming, social media, browsing, messaging, and digital safety. Technology, platforms, risks, and online content change rapidly and continuously. We expressly do not guarantee that the course identifies, prevents, addresses, or protects against every risk, harm, or threat to which your child may be exposed.

 

10. Third-Party Software, Apps, Platforms, and Parental Control Tools

The course may refer to software tools, apps, parental controls, device settings, websites, services, products, or third-party platforms for general educational purposes only. We do not own, control, operate, endorse, guarantee, audit, or accept any responsibility for any third-party software, app, platform, parental control, website, device, service, tool, setting, or product, unless expressly and specifically stated otherwise in writing.

You are solely responsible for reviewing and deciding whether any third-party tool or service is appropriate for your family. You must review the provider’s own terms, privacy policy, data practices, safety information, instructions, pricing, limitations, and suitability before use.

Elevating Parenthood, LLP and its associated individuals and entities expressly disclaim all liability for any failure, error, omission, change, cost, data issue, privacy breach, security incident, device problem, platform change, inappropriate content, technical failure, or any other consequence arising from third-party tools or services, including any third-party tools or services referenced in the course.

 

11. No Guaranteed Results

We make no representation, warranty, or guarantee that the course will produce any particular outcome for any family. Specifically, and without limitation, we do not warrant or guarantee that the course will:

  • reduce screen use or screen time
  • reduce family conflict or tension
  • improve sleep quality or duration
  • improve behaviour or conduct
  • improve emotional regulation
  • improve mental health outcomes
  • improve parent-child or family relationships
  • prevent online harm or harmful content exposure
  • prevent compulsive screen use or related behaviours
  • improve school or academic performance
  • improve family functioning
  • produce any specific, particular, or intended result of any kind.

 

Individual outcomes vary widely and depend on factors entirely outside our control, including your child’s age, needs, temperament, development, mental health, family context, co-parenting arrangements, consistency of implementation, environment, device access, peer influences, school context, and professional support.

 

12. Personal Responsibility and Voluntary Assumption of Risk

You understand that applying any educational material involving parenting, family routines, behavioural change, device limits, online safety, sleep routines, or family communication may involve discomfort, disagreement, resistance, conflict, escalation, or unintended consequences.

You voluntarily and knowingly assume full responsibility for your use of the course and for all decisions, actions, and outcomes arising from your use of the course. You agree that Elevating Parenthood, LLP, Daniel O’Rourke, PhD, Jennifer Tininenko, PhD, and all associated individuals and entities bear no responsibility whatsoever for your parenting decisions, family decisions, implementation choices, or outcomes.

 

13. Professional Credentials — Background Only

The course may identify its creators, presenters, contributors, or authors as psychologists, clinicians, doctors, therapists, researchers, educators, or other professionals. Those professional titles and credentials are provided for background and credibility purposes only. They do not alter the educational-only nature of the course.

By purchasing or using the course, you are not receiving professional services from any such individual. No professional, clinical, or regulated relationship is formed. The course does not provide services regulated by any professional licensing board, psychology board, healthcare authority, medical board, therapy board, educational authority, or other regulatory or professional body. If you require regulated professional services, you must consult a provider qualified and authorised to practise in your jurisdiction.

 

14. International Users

The Screen Balance Program is owned and operated by Elevating Parenthood, LLP, a limited liability partnership organised and existing under the laws of the State of Washington, United States of America.

The course may be accessed by users in different countries. We make no representation that the course, materials, terminology, examples, recommendations, professional references, third-party tools, or safety suggestions are appropriate, available, lawful, compliant, or suitable for all jurisdictions. Content standards, professional regulatory frameworks, safeguarding obligations, and consumer laws vary by country, state, and territory.

You are solely responsible for ensuring that your access to and use of the course is lawful in your jurisdiction. If you need guidance specific to your country, state, province, territory, healthcare system, legal system, or professional regulations, you must seek advice from a qualified professional in your jurisdiction.

 

15. Payment, Access, Refunds, and Billing

Payment, access period, refund terms, subscription terms, cancellation terms, and any trial terms are as stated at checkout, on the applicable sales page, or in the offer through which you purchased the course. Those terms are incorporated into these Terms by reference.

If the course is sold as a subscription, membership, payment plan, trial, or automatically renewing product, you agree to the billing terms presented at checkout, including any automatic renewal terms. You are responsible for maintaining accurate billing information and for cancelling in accordance with the cancellation procedures stated at checkout before any billing cycle renews.

Nothing in these Terms limits any statutory consumer rights that cannot lawfully be excluded or waived, including rights under applicable federal and state consumer protection laws.

For US online subscription and negative-option offers, material terms will be clearly presented and affirmative consent obtained before any charge is processed, in compliance with applicable federal and state requirements including the Restore Online Shoppers’ Confidence Act (ROSCA) and applicable state consumer protection statutes.

 

16. Account Access and Security

You are responsible for maintaining the strict confidentiality of your login credentials. You must not share your login information with any person outside your immediate household. You are responsible for all activity that occurs under your account, whether or not authorised by you.

Elevating Parenthood, LLP may immediately suspend or permanently terminate your access to the course, without notice and without refund, if we reasonably believe your account has been shared beyond your household, misused, compromised, or used in breach of these Terms.

 

17. Intellectual Property

All course materials are owned by or licensed to Elevating Parenthood, LLP unless otherwise expressly stated in writing. This includes, without limitation, videos, text, worksheets, handouts, downloads, assessments, questionnaires, checklists, scripts, images, diagrams, frameworks, logos, branding, graphics, templates, audio, written lessons, course structure, and all methodologies, systems, and approaches described or presented in the course.

You are granted a limited, personal, non-transferable, non-exclusive, revocable, non-sublicensable licence to access and use the course strictly for your own personal household use only. This licence does not include any right to copy, reproduce, distribute, sell, publish, upload, share, broadcast, teach from, train others using, license, sublicense, modify, adapt, translate, create derivative works from, or commercially exploit the course or any course materials in whole or in part, in any format or medium, without prior written permission from us.

You must not use the course materials, in whole or in part, to develop, create, deliver, market, or sell any competing product, course, workshop, therapy programme, coaching programme, educational resource, training, consulting service, or commercial service of any kind.

Any unauthorised use of the course materials constitutes an infringement of Elevating Parenthood, LLP’s intellectual property rights and may give rise to claims for damages, injunctive relief, and recovery of legal costs.

 

18. Prohibited Uses

Without limiting the generality of these Terms, you expressly agree not to:

  • use the course for any unlawful purpose or in contravention of any applicable law or regulation
  • misrepresent the course or any course materials as therapy, treatment, clinical advice, psychological services, medical advice, or professional services of any kind
  • provide, share, or make available course materials to third parties
  • resell, redistribute, sublicense, or commercially exploit course materials in any form
  • upload course materials to any public or private file-sharing, content-hosting, or online distribution service
  • use the course to provide professional advice, training, or services to others without prior written authorisation from us
  • infringe or attempt to infringe our intellectual property rights or those of any third party
  • interfere with, disrupt, or attempt to gain unauthorised access to the platform, website, or course delivery systems
  • reverse engineer, scrape, copy, mass-download, or otherwise attempt to extract or replicate course materials by automated or manual means
  • use the course in any manner that could harm Elevating Parenthood, LLP, the course creators, other users, or any third party
  • use the course in any way not expressly permitted by these Terms.

 

19. Testimonials, Examples, and Case Material

Any testimonials, examples, scenarios, case illustrations, or stories included in the course or associated marketing materials are illustrative only and are not a guarantee or representation that you will experience the same or similar outcomes.

Any case examples presented in the course are general and educational in nature. They may be fictionalized, composite, anonymized, modified, or adapted to protect privacy and to illustrate teaching points. They do not represent clinical advice or outcomes for any real individual.

 

20. Privacy and Data

Your use of the course may involve the collection and processing of personal information in accordance with our Privacy Policy. By using the course, you agree to our Privacy Policy, available at: [Insert Privacy Policy Link].

You must not submit sensitive medical, psychological, psychiatric, safeguarding, legal, or emergency information through the course platform unless we specifically provide a secure and appropriate channel designed for that purpose.

The course platform is not designed or equipped to receive, store, respond to, or act upon urgent, clinical, safeguarding, or crisis information. Submitting such information through the course platform does not create any obligation on us to respond, intervene, or take action.

 

21. No Monitoring or Duty to Intervene

Because The Screen Balance Program is a self-guided educational course, Elevating Parenthood, LLP and its associated individuals do not monitor your family, your child, your course progress, your answers to any reflective materials, your implementation, your safety situation, your risk level, or your need for professional support.

To the fullest extent permitted by applicable law, we do not assume and expressly disclaim any duty to intervene, warn, assess, diagnose, treat, monitor, report, safeguard, supervise, or respond to any specific family circumstance or safety situation arising in connection with your use of the course.

You remain solely responsible for seeking appropriate professional, emergency, or crisis support where needed for yourself, your child, or your family.

 

22. Community and Interactive Features

If the course includes comments, discussion spaces, group calls, live sessions, forums, communities, Q&A features, or similar interactive elements, those features remain educational and informational only.

Participation in any interactive feature does not create a professional, clinical, or other regulated relationship of any kind. Responses provided in group settings, comments, Q&A sessions, emails, or community spaces are general educational information only and are not individualized professional advice.

You must not post confidential, sensitive, clinical, safeguarding, legal, or emergency information in any community or group space. We may moderate, remove, restrict, or delete any content in interactive features at our sole discretion, and we bear no liability for any content posted by users in interactive spaces.

 

23. Disclaimers and No Warranties

THE COURSE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELEVATING PARENTHOOD, LLP, DANIEL O’ROURKE, PHD, JENNIFER TININENKO, PHD, AND ALL ASSOCIATED INDIVIDUALS AND ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT; NON-INFRINGEMENT; AVAILABILITY OR UNINTERRUPTED ACCESS; FREEDOM FROM DEFECTS, ERRORS, OR HARMFUL COMPONENTS; SUITABILITY FOR YOUR PARTICULAR CHILD OR FAMILY; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

We do not warrant that the course, platform, or any associated materials will meet your requirements, be uninterrupted, timely, secure, current, complete, or error-free.

 

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELEVATING PARENTHOOD, LLP, DANIEL O’ROURKE, PHD, JENNIFER TININENKO, PHD, AND ALL ASSOCIATED OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTRIBUTORS, PRESENTERS, AUTHORS, CONSULTANTS, AFFILIATES, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “THE RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ECONOMIC, EMOTIONAL, PERSONAL, FAMILY, BEHAVIOURAL, CLINICAL, EDUCATIONAL, OR OTHER DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO:

  • your purchase of the course
  • your access to or use of, or inability to access or use, the course
  • your reliance on any course material or information
  • your implementation or non-implementation of any course material or suggestion
  • your decisions about your child, family, parenting, boundaries, routines, supervision, devices, software, online safety, sleep, activities, or professional support
  • any disagreement, escalation, conflict, distress, behavioural response, or unintended consequence arising from your use of the course
  • any misunderstanding or misinterpretation of any course material
  • any third-party software, app, platform, parental control, website, device, service, or product
  • any technical issue, platform outage, data loss, account access issue, or service interruption
  • any outcome that differs from your expectations or from any testimonial or example in the course.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF ALL RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE COURSE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU PAID TO ELEVATING PARENTHOOD, LLP FOR THE COURSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, the Released Parties’ liability is limited to the fullest extent permitted by applicable law. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory applicable law.

 

25. Release of Associated Individuals

To the fullest extent permitted by applicable law, you agree that any claim arising from or relating to The Screen Balance Program shall be brought only against Elevating Parenthood, LLP as an entity, and not personally against Daniel O’Rourke, PhD, Jennifer Tininenko, PhD, or any individual owner, partner, director, officer, employee, contractor, contributor, presenter, author, consultant, affiliate, agent, or associated professional.

You irrevocably agree not to seek to hold any such individual personally liable for any claim, loss, damage, injury, decision, outcome, or consequence arising out of or relating to your purchase, access, or use of the course. This clause is intended to provide the fullest personal protection available at law to all individuals associated with the course.

 

26. Indemnification

You agree to defend, indemnify, and hold harmless Elevating Parenthood, LLP, Daniel O’Rourke, PhD, Jennifer Tininenko, PhD, and all associated owners, partners, directors, officers, employees, contractors, contributors, presenters, authors, consultants, affiliates, agents, insurers, successors, and assigns from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:

  • your use or misuse of the course
  • your breach or alleged breach of any provision of these Terms
  • your violation of any applicable law, regulation, or third-party right
  • your parenting, family, technology, supervision, or implementation decisions made in connection with the course
  • your unauthorized sharing, copying, distribution, or misuse of course materials
  • your use of the course outside its intended educational purpose
  • any claim brought by or on behalf of your child, family member, co-parent, school, professional, third party, or any government or regulatory authority relating to your use of the course.

 

27. Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to The Screen Balance Program, your purchase, access, or use of the course, shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, without regard to conflict-of-law principles.

Nothing in this clause affects any mandatory consumer protections applicable in your jurisdiction that cannot lawfully be excluded.

 

28. Venue

Subject to the arbitration provision below, you agree that any legal action, proceeding, or claim arising out of or relating to these Terms or The Screen Balance Program that proceeds in court shall be brought exclusively in the state or federal courts located in Klickitat County, Washington, United States of America. You consent to the personal jurisdiction of those courts and irrevocably waive any objection based on inconvenient forum, improper venue, or lack of jurisdiction.

 

29. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A JURY TRIAL.

To the fullest extent permitted by applicable law, you and Elevating Parenthood, LLP agree that any dispute, claim, or controversy of any nature arising out of or relating to these Terms, The Screen Balance Program, your purchase, your access, or your use of the course (including any dispute about the existence, validity, interpretation, performance, or termination of these Terms) shall be resolved exclusively by final and binding individual arbitration, rather than in court.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The AAA's Consumer Arbitration Rules are available at www.adr.org. The arbitration shall take place in Klickitat County, Washington, unless the parties mutually agree to conduct the arbitration by telephone, videoconference, or written submission. The arbitrator shall be empowered to award only the relief that would be available in court to an individual claimant.

For claims of $10,000 or less, you may choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Consumer Arbitration Rules. For claims exceeding $10,000, the right to an in-person hearing shall be determined by the AAA Consumer Arbitration Rules.

If the AAA is unavailable or declines to administer the arbitration, the parties shall mutually select an alternative arbitration provider. If the parties cannot agree, a court of competent jurisdiction shall appoint the arbitration provider.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable federal arbitration law govern the interpretation and enforcement of this arbitration provision.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights.

 

30. Class Action and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ELEVATING PARENTHOOD, LLP AGREE THAT ANY CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

You agree that you may not bring, join, participate in, or recover through any such proceeding against any Released Party. If this class action waiver is found to be unenforceable as to a particular claim, that specific claim shall proceed in court rather than arbitration, and all other claims shall remain in arbitration.

 

31. Small Claims Exception

Either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies under that court’s jurisdictional requirements and the claim remains within small claims court throughout the proceeding.

 

32. Time Limit for Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SCREEN BALANCE PROGRAM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM AROSE, OR IT WILL BE PERMANENTLY AND IRREVOCABLY BARRED. WHERE APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION, THE SHORTEST PERMISSIBLE LIMITATION PERIOD SHALL APPLY.

 

33. Changes to the Course or Terms

We reserve the right, in our sole discretion, to update, revise, replace, remove, or reorganize course content and materials at any time without notice or liability.

We may update these Terms at any time. Updated Terms will be posted with a revised “Last Updated” date. Your continued access to or use of the course after updated Terms are posted constitutes your acceptance of the updated Terms. If you do not accept the updated Terms, you must cease using the course immediately.

 

34. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms if modification is not possible. All remaining provisions shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any other provision.

 

35. No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver by Elevating Parenthood, LLP of any breach or default shall be deemed a waiver of any subsequent breach or default.

 

36. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without our prior written consent. Any purported assignment without consent is void.

Elevating Parenthood, LLP may freely assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, sale of all or substantially all assets, restructuring, or other business transaction, without notice to or consent from you.

 

37. Entire Agreement

These Terms, together with any checkout terms, billing terms, refund policy, privacy policy, and other policies expressly incorporated by reference, constitute the entire and exclusive agreement between you and Elevating Parenthood, LLP regarding The Screen Balance Program. They supersede and replace all prior or contemporaneous understandings, communications, representations, warranties, and agreements regarding the course, whether oral or written.

 

38. Contact Information

For questions about these Terms, please contact: 

Elevating Parenthood, LLP

100 N Howard St, Suite R

Spokane, WA 99201, USA

[email protected]