Legal Policies

Purpose

This policy defines how members can access and use the program’s content and features. It aims to ensure that memberships are used appropriately and in compliance with the program's terms to protect the integrity of the program and its resources.

Policy Statement

Memberships are exclusively assigned to a single enrolled facility and its designated users. Unauthorized access, distribution, or external use of program content, tools, or features is strictly prohibited and may result in membership termination.

Guidelines

1. Authorized Access

   1. Memberships are assigned to a specific facility and are valid for use only by individuals authorized by the facility.

   2. Authorized users include:

      1. Facility staff designated by the membership plan (e.g., those assigned logins or seats).

      2. New staff members replacing an authorized user, as approved through the Membership Transfer Policy.

   3. Memberships may not be shared, transferred, or sold to other facilities or organizations.

2. Content Usage

   1. Content provided through the program, including but not limited to webinars, templates, toolkits, policy documents, and courses, is intended for internal use only within the enrolled facility.

   2. Members are prohibited from:

      1. Distributing, reproducing, or sharing program content outside of the facility.

      2. Using program materials for commercial purposes, such as consulting, training, or resale.

      3. Modifying content for purposes other than facility-specific implementation without written approval.

   3. Exceptions to content usage restrictions may be granted only with written approval from the membership program administrator. Unauthorized sharing, reproduction, or modification of content without approval will be considered a policy violation

3. Sharing Logins

   1. Each membership includes a specified number of user logins or seats. Additional logins may be purchased as outlined in the pricing structure.

   2. Each user is assigned unique login credentials, which are strictly non-transferable. Sharing login credentials, even among facility staff, violates this policy and may result in access restrictions or membership termination. Facilities found sharing login credentials in violation of this policy may face:

      1. Suspension of access for all users.

      2. Termination of the membership without refund.

4. Enforcement

   1. The program team will monitor access and usage to ensure compliance with this policy.

   2. Violations of this policy may result in:

      1. A formal warning for first-time minor violations.

      2. Temporary suspension of access for all facility users if violations persist.

      3. Termination of membership without refund for repeated or severe violations. Legal action if unauthorized use results in financial loss or damages to the program.

5. Reporting and Inquiries

   1. Facilities with questions about authorized access or requests for exceptions to this policy may contact info@proactiveltcexperts.com.

   2. Suspected violations should be reported to the program team for review and resolution.

6. Additional Information

   1. The program reserves the right to update this policy as needed to reflect changes in content delivery or usage practices.. Any updates to this policy will be communicated via email and/or within the program portal. Continued access and use of the program after notification constitutes acceptance of the revised policy.

Objective

This Code of Conduct establishes clear expectations for professional and ethical behavior within the membership program. Members must adhere to these guidelines to foster a positive and secure learning environment. Violations may result in suspension or termination of access. See also Terms of Participation for additional details.

1. Respectful Behavior

   1. All members are expected to maintain respectful and professional interactions with other members, administrators, and staff.

   2. Harassment, discrimination, and any form of abusive language or conduct will not be tolerated. This includes both direct communications and any content shared within the platform.

2. Content Sharing and Confidentiality

   1. Members agree to respect the confidentiality of shared information within the membership program.

   2. Content provided through the membership, including but not limited to training materials, courses, and resources, is for designated facility users only.

   3. Unauthorized distribution, duplication, or external sharing of this content is strictly prohibited.

   4. If a member inadvertently shares restricted content, they must report it immediately to the program administrators to prevent further unauthorized use.

3. Usage Rights

   1. Members may access program resources solely for their facility’s internal educational and operational use.

   2. Members may not:

      1. Modify, alter, or create derivative works from program resources without prior approval.

      2. Use program materials for consulting, training, resale, or external presentations.

      3. Share resources outside the scope of the membership program.

   3. Violations of this section may result in immediate access suspension and potential legal action.

4. Data Privacy and Security

   1. Members agree to follow all data protection guidelines as outlined in our Privacy Policy.

   2. Members are responsible for keeping their login credentials confidential and must not share their accounts or access credentials with non-members.

5. Consequences of Violations

   1. Violations of the Code of Conduct may result in the following enforcement actions:

      1. First Violation: Formal warning and required corrective action.

      2. Second Violation: Temporary suspension of membership access.

6. Severe or Repeated Violations: Permanent termination of membership without refund.

   1. The program reserves the right to escalate directly to termination or legal action for serious offenses, including but not limited to harassment, intellectual property theft, and data security breaches.

7. Limitation of Liability

   1. The program and its administrators are not liable for any losses, damages, or legal issues arising from members' misuse of content or unauthorized sharing of materials.

8. Refund & Termination Policy

   1. Membership fees are non-refundable except in certain cases as outlined in our Refund Policy.

   2. Early termination of membership due to violations will not result in a refund.

   3. Members may cancel their membership at any time but are not entitled to a refund for the remaining term unless otherwise specified.

By participating in the membership program, members acknowledge and agree to abide by this Code of Conduct. Failure to comply may result in penalties as outlined above.

Purpose

To establish guidelines for the appropriate use and protection of program content, ensuring compliance with intellectual property laws. Refer to the Terms of Use agreement for additional details.

Policy

All content provided through the membership program is the exclusive property of Proactive LTC Consulting, LLC. Members are granted a limited, non-transferable license to use materials solely for internal purposes within a single designated facility. Modification, distribution, or resale of content is strictly prohibited without explicit written permission.

Guidelines

1. Ownership and Use

   1. All materials, including but not limited to webinars, templates, toolkits, resources and policy documents, are protected by copyright laws and remain the property of Proactive LTC Consulting, LLC.

   2. Members may use the content exclusively for internal purposes within a single designated facility.

2. Prohibited Actions

   1. Members are expressly prohibited from:

      1. Sharing, reproducing, or distributing program materials outside their facility.

      2. Using content for commercial purposes, such as consulting or training.

      3. Modifying or repurposing content without permission.

3. Reporting Violations

   1. Members must report suspected unauthorized use of program materials via email to info@proactiveltcexperts.com with relevant details.

4. Enforcement

   1. Violations of this policy may result in membership termination without refund and potential legal action.

Purpose

This policy defines acceptable behavior and expectations for all members engaging with the program and its community. It ensures a respectful, professional, and inclusive environment that fosters learning, collaboration, and growth.

Policy Statement

All members must engage professionally and respectfully when participating in program activities, including content interactions, community forums, webinars, and consultations. The program is committed to maintaining a supportive space where all members feel valued and can benefit from shared knowledge and collaboration.

Guidelines

1. Professional Behavior

   1. Members are expected to:

      1. Engage respectfully and constructively with program content, discussions, and activities. Participate actively in forums, webinars, and discussions by offering thoughtful insights and feedback.

      2. Communicate courteously with fellow members, facilitators, and staff, ensuring a positive and professional tone in all interactions.

      3. Members must adhere to the Code of Conduct, which outlines detailed expectations for professional behavior, respectful communication, and appropriate participation. Violations of the Code of Conduct will be subject to enforcement as outlined in this policy.

2. Consequences for Violations

   1. Violations may result in the following actions, depending on severity and frequency:

      1. Warning: First-time or minor violations may result in a written warning outlining the behavior in question and required corrective action.

      2. Temporary Suspension: Repeated violations or more serious offenses may result in a temporary suspension of program access. The member will be notified of the reason and corrective steps needed.

      3. Permanent Expulsion: Severe or repeated violations, such as harassment or major disruptions, may result in permanent removal from the program. No refund will be provided.

      4. Restricted Access: In some cases, specific privileges(e.g., access to certain courses, webinars, or community forums) may be temporarily or permanently revoked based on the nature of the violation.

3. Reporting, Appeals, and Enforcement Reporting Violations:

   1. Members are encouraged to report any policy violations to info@proactiveltcexperts.com. Reports will be reviewed confidentially.

4. Appeals:

   1. Members may appeal a suspension or expulsion by submitting a written request to info@proactiveltcexperts.com, including relevant details and supporting evidence.

5. Enforcement

   1. The program reserves the right to evaluate and enforce this policy on a case-by-case basis, ensuring fairness and consistency while maintaining a positive learning environment. The policy may be revised as needed.

Purpose

This policy outlines the procedures and conditions for canceling a membership in the Solutions Center Program and any applicable refunds. This policy should be read in conjunction with the Program’s Terms of Use, which govern the full membership agreement, including payment obligations, cancellations, and refunds.

Policy Statement

The Company is committed to ensuring transparency in membership cancellations and refunds. Members may cancel their membership at any time; however, refunds will only be issued in accordance with the terms specified in this policy.

Guidelines

1. Membership Cancellation

   1. Voluntary Cancellation by Member:

      1. Members may cancel their subscription at any time through the member portal or by submitting a written request to support.

      2. Access to the Solutions Center Program will remain active until the end of the current billing cycle, unless otherwise stated.

   2. Cancellation by Company:

      1. The Company reserves the right to terminate a membership for violations of the Terms of Use or other policies.

      2. If the termination is due to policy violations, no refunds will be issued.

2. Refund Policy General Refund Terms:

   1. Membership fees are non-refundable except as outlined below.

   2. If a member cancels within 30 days of joining, they may be eligible for a refund, subject to deductions for accessed content.

3. Refund Adjustments Based on Content Access:

   1. If a refund is approved, the amount will be adjusted based on the value of accessed digital content at a la carte pricing.

   2. If the total value of accessed content exceeds the membership fee, no refund will be issued.

4. Annual Memberships:

   1. Paid in Full: Members who pay for an annual membership in full are eligible for a pro-rated refund if they cancel within 30 days of joining. No refunds will be issued after the initial 30-day period.

   2. Monthly Payment Plan Commitment to Annual Term: Members who opt for a monthly payment plan while committing to an annual term are responsible for the full annual payment, even if they cancel before the term ends. No refunds will be issued, and any remaining balance must be paid in full.

5. Final Sales for A La Carte Purchases:

   1. Due to the nature of instant digital access, all a la carte purchases are final and non-refundable.

6. Chargeback Policy:

   1. The Company does not tolerate chargeback threats or disputes outside of the agreed refund process.

   2. Any chargeback initiated after agreeing to this policy may result in the member being reported to credit agencies or chargeback databases.

7. Cancellation Process

   1. Members must submit a cancellation request via the member portal or email.

   2. If eligible for a refund, the Company will issue an instruction to its payment processor to issue refund to original payment method within 7-10 business days.

   3. A final Access & Fee Statement detailing the value of accessed content and applicable deductions will be sent upon cancellation confirmation.

8. Exceptional Circumstances

   1. Refund exceptions may be granted in cases of documented medical emergencies or unforeseen hardship. Requests must be submitted in writing with supporting documentation. Decisions on cancellations and refunds will align with the Terms of Use. If there are discrepancies between this policy and the Terms of Use, the Terms of Use will govern.

9. Refund Policy Summary

   1. Refunds are only available to facilities paying annually and requesting cancellation within the first 30 days of payment.

   2. The first month’s payment for monthly plans is non-refundable, and no refunds will be issued for cancellations after 30 days.

10. Additional Information

    1. Membership benefits, including access to resources, training, and consulting discounts, will end immediately upon cancellation, unless otherwise agreed during the notice period.

    2. Facilities are encouraged to contact the program team to discuss alternatives, such as tier adjustments or temporary suspension of membership, before submitting a cancellation request.

11. Access & Fee Statement

    1. Upon cancellation, members will receive a statement that includes:

       1. Membership Details: Subscription tier, start date, and cancellation date.

       2. Access Summary: A list of accessed digital resources, including videos, templates, and training materials.

       3. Fee Adjustments: A breakdown of any deductions for accessed content at a la carte pricing.

       4. Final Refund Amount: If applicable, the adjusted refund total.

Purpose

To establish a clear process for membership renewal, ensuring timely renewals, uninterrupted access to program benefits, and effective communication with members regarding their subscription status.

Policy Statement

Memberships provide continuous access to program benefits and will automatically renew at the end of the subscription term unless cancellation is requested in advance. This policy outlines the terms and procedures for automatic renewal, payment, late or missed payments, and reactivation.

Guidelines

1. Automatic Renewal

   1. All memberships will automatically renew at the end of the annual subscription term unless cancelled by the member.

   2. Members will receive a renewal notification via email at least 30 days before the renewal date outlining:

      1. The upcoming renewal charge

      2. Any pricing updates or changes in terms.

      3. Instructions for canceling or modifying their renewal.

   3. Members who wish to cancel their renewal must submit a written request to info@proactiveltcexperts.com at least 15 days before the renewal date to avoid being charged for the next term.

2. Payment Terms

   1. Annual Payments: The renewal fee will be charged in full on the renewal date unless the member opts to switch to a monthly payment plan before renewal.

   2. Monthly Payments: Recurring monthly charges will continue using the same payment method on file unless updated or canceled by the member.

   3. Pricing changes: If membership pricing is adjusted, members will be notified of the new rate in the renewal notification email and have the option to cancel before renewal.

3. Late Payments

   1. A payment is considered late if not successfully processed within 5 days of the renewal date.

   2. For late payments:

      1. Members will receive an email reminder with instructions to update payment details.

      2. If payment is not resolved within 10 days, membership access will be temporarily suspended until payment is received.

   3. Suspended accounts will lose access to all program benefits until the outstanding payment is made.

4. Grace Period for Renewals

   1. Members who miss their renewal date will have a 30-day grace period to renew their membership and restore access.

      1. During this period, accounts may be placed on temporary hold pending receipt of renewal fees.

   2. If renewal is not completed within the grace period:

      1. The account will be deactivated

      2. Members must re-enroll at the current program rates to regain access.

5. Renewal Flexibility

   1. Members may request to change their payment plan (e.g., from monthly to annual or vice versa) at the time of renewal.

   2. Requests for payment plan changes must be submitted at least 15 days before the renewal date.

6. Additional Information

   1. Members are responsible for maintaining updated payment information (e.g., credit card or bank details) to ensure a seamless renewal process.

   2. The program team reserves the right to adjust renewal pricing or terms, with appropriate notice provided to members.

   3. Members are encouraged to contact the program team with any renewal-related questions or to request changes to their membership before the renewal date.

7. Enforcement

   1. Failure to maintain timely payments or respond to renewal notices may result in suspension or termination of membership benefits.

Purpose

To provide members with the option to temporarily pause their membership due to financial or operational challenges while ensuring a structured process for suspension and reactivation.

Policy

Facilities may request a temporary suspension of their membership for up to three (3) months. During the suspension, access to program benefits will be paused, and billing will be temporarily halted.

Guidelines

1. Eligibility for Suspension

   1. Facilities may request a suspension due to:

      1. Temporary financial hardship.

      2. Facility closures, renovations, or other operational disruptions.

   2. Facilities must be in good standing (i.e., no outstanding balances) to qualify for a suspension.

2. Suspension Process

   1. Facilities must submit a written request to info@proactiveltcexperts.com at least 15 days before the desired suspension start date.

   2. The request must include:

      1. The reason for suspension

      2. The requested suspension start and end dates.

   3. The facility will receive written confirmation of the suspension status within 5 business days of submitting the request.

3. Suspension Terms

   1. Suspensions are limited to one (1) per membership term unless otherwise approved.

   2. During the suspension, the facility will not have access to any membership benefits, resources, or services.

4. Reactivation

   1. Memberships will automatically reactivate at the end of the suspension period, and any automatic payments will resume.

   2. Facilities may request an earlier reactivation if needed by submitting a written request.

   3. If a facility does not resume membership after the suspension period, the membership will be considered lapsed, and re-enrollment may be required.

Purpose

To outline the process and guidelines for transferring a membership when an individual member leaves a facility/organization and a replacement takes over the role, ensuring continuity of access to membership resources and services.

Policy Statement

This membership program allows facilities to transfer a membership to a new staff member when the original member leaves the facility, organization , or changes roles. Transfers help ensure uninterrupted access to program benefits while maintaining compliance with membership guidelines.

Guidelines

1. Eligibility for Transfer

   1. Membership transfers are permitted when:

      1. The current member leaves their position at the facility.

      2. The facility designates a new staff member to assume the membership within the same or a similar role.

   2. Transfers are not allowed for memberships that are expired, inactive, or past due for renewal.

2. Transfer Process

   1. The facility must follow these steps to request a membership transfer:

      1. Notify Proactive LTC Consulting in writing within 30 days of the original member’s departure.

      2. Submit a Membership Transfer Request Form that includes:

         1. The name and contact information of the departing member.

         2. The name, role, and contact information of the replacement staff member.

         3. Documentation verifying the role change, if applicable.

   2. Await confirmation from the program management team before the replacement staff member gains access.

3. Timing

   1. All transfer requests must be submitted within 30 days of the departing staff member’s last day of employment or role change.

4. Additional Costs

   1. There are no additional fees for transferring memberships within the same subscription term.

   2. Transfers requested as part of a membership renewal may be subject to standard renewal fees.

5. Limitations

   1. Memberships can only be transferred once per subscription term, unless special approval is granted by the program management team.

   2. Transfers are not allowed if the departing member has shared their login credentials or violated the program’s usage policies.

6. Notification to Replacement

   1. Once the transfer request is approved:

      1. The replacement staff member will receive an email with login credentials and instructions on accessing the membership program.

      2. The departing member’s access will be terminated immediately.

7. Enforcement

   1. Failure to follow the membership transfer process or guidelines may result in the suspension or termination of the facility’s membership.

Proactive is committed to maintaining the privacy, integrity and security of any personal information about our users. This Privacy Policy (“Privacy Policy“) explains how we collect, use, protect, and, in some cases, disclose personal information in connection with your use of Proactive’s websites, including ProactiveMedicalReview.com, ProactiveLTCExperts.com, and Proactive Solutions Center (collectively referred to as "websites").

Personal Information Defined

For purposes of this Privacy Policy, “personal information” refers to data that identifies you, such as your name, address, phone number, or email address.

This Privacy Policy is subject to the Terms of Use, which are incorporated by reference. Capitalized terms in this Privacy Policy have the same meanings as in the Terms of Use, unless otherwise specified.

What Personal Information We Collect

To access certain features on Proactive’s websites, including the Proactive Solutions Center, Educational Materials, Interactive Services, and Discussion Forums, you may need to create a user account ( “User Account”). You can update or correct your personal information by logging into your User Account.

• When creating a User Account, you must provide accurate registration details as described in the Terms of Use, including an account password. Providing false information is prohibited.

• We collect industry-standard log data, including your browser type, operating system, referring URL, IP address, and the pages you visit on the websites.

• Sensitive Information Notice: Do not provide health or other sensitive information in your Registration Data or elsewhere on the websites.

How We Use Your Personal Information

Proactive will not use your personal information for any purposes other than those outlined in this Privacy Policy unless we obtain your consent. Specifically, Proactive may use your personal information to:

• Provide you with access to Proactive’s materials and services, including Content, Educational Materials, Interactive Services, and Discussion Forums;

• Analyze website usage and improve website functionality.

• Communicate administrative notices, service updates, and other relevant information;

• Conduct internal research, market analysis, , project planning, and fraud prevention.

• Enforce our Terms of Use and Privacy Policy.

Disclosure to Third Parties

Proactive may share personal information with trusted third-party partners who assist in providing our services, such as payment processors, customer support, and data analytics. These third parties are contractually obligated to protect your data.

We may also disclose your information:

• When required by law, regulation, subpoena or legal process.

• To protect our operations, users, or enforce our Terms of Use.

As part of a business transaction, such as a merger or sale.

Use of Aggregated Anonymous User Data

We may collect and use non-personal, aggregated data for any purpose. Aggregated data is owned exclusively by Proactive and does not identify individual users.

Cookies and Other Tracking Technologies

Proactive’s websites use cookies, pixel tags and web beacons to:

• Enhance user experience and website functionality.

• Analyze visitor behavior and website performance.

• Serve relevant advertisements and retarget marketing efforts.

You may adjust your browser settings to block cookies, but this may affect website functionality.

Third Party Links or Services

Proactive’s websites may include links to third-party products, services, and websites. If you choose to engage with these third parties, their privacy policies will govern your data. Proactive is not responsible for third-party privacy practices.

Contests, Giveaways, and Surveys

If you participate in Proactive-sponsored promotions, contests, or surveys, your data will be used solely for the specific initiative and in accordance with this Privacy Policy.

Children’s Privacy

Proactive does not knowingly collect personal information from individuals under the age of 18. If we become aware of such data collection, we will delete the information promptly.

Data Retention Following Account Termination

Upon cancellation or termination of your User Account, Proactive may retain and utilize de-identified historical data for analytics and service improvement purposes. Personal data may be deleted in accordance with applicable laws and retention policies.

Email Communications & Marketing Preferences

You may receive email alerts, summaries, and promotional communications from Proactive. You can manage your email preferences or opt out at any time by following the instructions in our emails.

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information. We will maintain the information you send via e-mail in accordance with applicable federal law. In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Data Security

We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your data and to protect Proactive accounts and systems from unauthorized access. When you register for an account, Proactive requires a password from you for your privacy and security. This password is stored in an encrypted fashion on our systems. Please know that while these are industry-standard methods of data security, there is no fool-proof method of data security and we cannot guarantee that these methods or any other methods will prevent any and all unauthorized access. It is also important to understand that these precautions apply only to our website and systems. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party sites.

Your Responsibility for Maintaining the Confidentiality of Your Login ID and Password

You are responsible for maintaining the security of your login ID and password. If you believe that your login ID or password have been compromised you should immediately change your password and contact support. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Privacy Policy or the Terms of Use. If you have a security-related concern, please contact info@proactiveltcexperts.com

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent. You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

International Data Transfer

Your data is stored in the United States and is subject to United States laws, which may differ from laws of other nations. If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include: We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

California Residents

The California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”) do not currently apply to Proactive.

Updates to this Privacy Policy

We may update this Privacy Policy periodically. The date last revised appears at the top of the Privacy Policy. Changes take effect immediately upon posting.

Contact Us

If you have questions, comments, concerns or feedback regarding this Privacy Policy or any other privacy or security concern, send an email to info@proactiveltcexperts.com.

By purchasing this product, You (“Client” or “You”) agree to the following Terms and Conditions with Proactive Medical Review & Consultants dba Proactive LTC Consulting (“Company”, “Proactive”, “we”, or “us”). These Terms and Conditions govern your participation in the Program.

PROGRAM/SERVICE

Proactive agrees to provide Solutions Center Programming and Resources, (herein referred to as “Program”) as identified in online commerce shopping cart. By participating in the Program, you agree to comply with all policies and procedures outlined in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide content in alignment with the membership tier selected which will include at a minimum:

A Password Protected Program Area that provides access to tier specific content. The Company shall maintain a Program Area that will include video, audio and written lessons, templates, forms, worksheets, checklists, toolkits, slide decks and other training and support information. You will have access to the Program Area content specific to your subscription tier for as long as the Program remains available and your subscription remains active. In the event that Proactive intends to close the Program Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the subscription tier accessible Program Area.

From time to time, the Company will offer discounts and promotions to individuals who sign up for the Program. You shall be entitled to any promotions offered to you at the time of your enrollment; however, promotional pricing is not guaranteed to be available for the entire lifespan of the program and discounted packages vary depending on specific promotions throughout the year.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands Proactive is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or admissions for Client; (2) Perform any business management functions including but not limited to, clinical operations, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a compliance officer, investigator, or QAPI representative; (6) represent Client to surveyors or regulatory officials. Client understands that a relationship does not exist between the parties beyond the subscription program parameters. If the Parties agree to seek a consulting relationship, a separate agreement will be entered into that includes a Master Services Agreement with Statement of Work and Business Associates Agreement for HIPAA compliance.

FEES

In consideration of Your access to the Program, you agree to pay the applicable fees.

Payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If available at Your time of purchase, additional a la carte resources can be purchased. Due to the nature of the instant download access, all sales are final and refund requests will not be considered.

REFUNDS

If you qualify for a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not expedite any refunds.

Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

METHODS OF PAYMENT

If You elect a subscription payment plan option, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or program access will be removed.

If you do not request a refund within the terms of the program, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

REFUND POLICY

Membership fees are non-refundable except as specified below. Members may cancel at any time; however, due to the digital nature of content, refunds will only be issued if a cancellation occurs within 30 days of joining.

If a refund is approved, the amount will be adjusted based on the value of accessed digital content at a la carte pricing. If the total value of accessed content exceeds the membership fee, no refund will be issued.

Early termination of membership by the program due to policy violations will not result in a refund.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources within a single facility location unless otherwise noted in your subscription plan. You hereby agree that You will not modify, publish, post, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual and single facility use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

CLIENT RESPONSIBILITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education, resources and information. The information contained in the Program, including any interactions with the Proactive staff, is not intended as, and shall not be understood or construed as, professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement .

Some states do not allow the exclusion of certain warranties or limitations on liability for consequential or incidental damages. In such cases, some of the above limitations may not apply to you, and you may have additional rights under the laws of your state.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program. for errors or omissions that may appear in any of the program materials.

ASSIGNMENT

Client may not assign this Agreement or their Subscription membership rights without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Proactive Solutions Center website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement or the Code of Conduct. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Indianapolis, IN.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent our programs and the educational value they provide.

By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services.

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 30 days guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact info@proactiveltcexperts.com.