Creative LEAPS, Inc Music Therapy and Online Music Programs

Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

These terms of service (“Terms of Service”) apply to and govern your access to and use of any website (“Site”) owned or operated by Creative Leaps, Inc. (“Creative Leaps”, “we” or “us”). By using the “Site”, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Service). Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

These Terms of Service govern your use of the Site only and do not govern your use of other Creative Leaps services.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on the Site and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes on the rights of others.

Patient and Health Care Provider Responsibilities

If you are a Patient, you accept responsibility for yourself in the use of the Services.  You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law.  By using the Service, you agree to not hold Creative Leaps, Inc. liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).

If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service.  For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Creative Leaps has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality of your patients.  You will be asked to enter a HIPAA business associate agreement with Creative Leaps.

We make no representations regarding your ability to bill third-party payers for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.

Privacy

In the course of accessing and/or using the Site and the Services, we may obtain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services and/or the Site, and/or if you register for an account, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and the Services. Personal information is only used for program or therapy purposes and is stored within HIPAA Compliance Standards.

Services Provided

Creative Leaps inc. provides internet healthcare resources to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Providers”) in real time, via live video conferencing, telephone and/or secure messaging for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services and information (“Services”). All of the participating Providers are independent contractors. Providers may record video conference consultations and Creative Leaps, inc may record telephone calls for quality purposes. Creative Leaps, inc itself does not provide any medical or Provider services.Music Lessons/Music Experience is 30 minutes. If you are late, no time is added at the end. Music Therapy is 40 minutes. If you are late to the session, no time is added at the end. 

Technical issues are to be worked out prior to the scheduled time. Please contact us if you are experiencing technical issues. Please contact info@creative-leaps.com if you are experiencing technical issues prior to your session/class.

Your Limited Right to Use Site Materials

The Site and all the materials available on the Site are the property of Creative Leaps, inc and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be obtained by contacting us as follows: info@Creative-Leaps.com

Modifications to, or Discontinuations of, the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

Proprietary Rights.

Creative Leaps is a trademark of Creative Leaps, Inc in the United States of America.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Creative Leaps.  All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement.

Creative Leaps, Inc. respects the intellectual property rights of others, and we ask you to do the same.  Creative Leaps, Inc. may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

Applicable, you agree to pay all fees or charges to your account based on Creative LEAPS, Inc. fees, charges, and billing terms in effect as detailed in your Order Form.  If you do not pay on time or if Creative Leaps, Inc. cannot charge your credit card or other payment method for any reason, Creative Leaps, Inc. reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.  

Purchases

You are expressly agreeing that Creative Leaps, Inc. is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Creative Leaps may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Minimum Payment required prior to services. Payment is due upon scheduling Music Therapy/Music Program.

Limitations on Linking and Framing

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by Creative Leaps, inc. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.

Learner Records Privacy

In signing up for a creative LEAPS, Inc. online programs and therapy, creative LEAPS, Inc. requires  you to provide a certain amount of your personal data. Your privacy is very important to us. Creative LEAPS, Inc.’s Privacy Policy specifically details what information we collect and how it is used. If you are interested in learning more about how your personal data is used, please contact creative LEAPS, Inc. Marketing and Membership.

Payment

Payment for all purchase orders must be received in full before the start date of the course. Participants registering with a purchase order should follow up with their employer to ensure timely payment.

Refund Policy

Creative LEAPS, Inc. online programs are nonrefundable.

Event Cancellation

Creative Leaps, inc reserves the right to cancel any sessions due to events beyond Creative Leaps control. Clients will forfeit any sessions canceled by the client.  In the unlikely event of cancellation by a Creative Leaps, Inc. member, registrants will be notified and offered the option to switch to a different date, if rescheduling is not possible, a refund will be issued.

OUR INTELLECTUAL PROPERTY

You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.

Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials. 

General Provisions Regarding Use and Age Requirement

By using the online services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Creative Leaps, Inc. if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information Creative Leaps, Inc. If you are not at least 13 years old, you may not use the site at any time or in any manner or submit any information to creative LEAPS, Inc., a parent or guardian must do so on your behalf and be present throughout the process.

Creative Leaps, Inc. will provide content that is copyrighted and/or trademarked work of Creative Leaps, Inc. or Creative Leaps, Inc. third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Creative Leaps, Inc. hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

REFUSAL OF SERVICE

We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. 

We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

SEVERABILITY

If any provision or portion thereof contained in these terms and Conditions shall, for any reason, be declared invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision or portion shall not invalidate or render unenforceable the remaining provisions hereof and the provision or portion declared invalid shall not be invalidated in its entirety, but shall be deemed to be altered and amended, whenever possible, to the extent necessary to effect such validity and enforceability. The invalidity or unenforceability of any provision or portion thereof contained in these Terms and Conditions in one jurisdiction shall not invalidate or render unenforceable such provision or portion thereof in any other jurisdiction. To the extent permitted by applicable law, the parties hereby waive any provision of law which renders any provision hereof prohibited or unenforceable in any respect.

NON CIRCUMVENTION

During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.

Governing Law and Venue

This Agreement is governed by the laws of the State of Florida. All disputes arising out of or related to this Agreement shall be resolved through arbitration, as provided below, exclusively in the county where you reside.

Arbitration of Dispute

Any controversy, claim or dispute between the parties arising out of or relating to this agreement or the alleged breach, termination, enforcement, interpretation or validity thereof, including but not limited to the termination or the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Hillsborough County, Florida by a single arbitrator and administered by the American Arbitration Association (“AAA”). This means that neither You nor the guide shall have the right to litigate in court any claim or have a jury trial, or to engage in pre-arbitration discovery except as provided by the code of the AAA. You also not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

The parties shall share the cost of arbitration equally. Each party is responsible for their own attorney’s fees unless awarded as the prevailing party under applicable law. The arbitrator’s decision shall be binding and final.

There shall be no authority for any claims to be arbitrated on a class action basis or any basis involving claims brought in a purported representative capacity on behalf of any person and/or entity. Further, no claims may be joined or consolidated in the arbitration with any other claims brought by any person or entity unless otherwise agreed to in writing by all parties.

Waiver of Jury Trial

You and the Guide understand that by voluntarily agreeing to binding arbitration as set forth above, both give up their right to trial by jury of any claim each may have against the other.Possible Risks:

As with any therapeutic process, there are potential risks associated with the use of Online Health Services. These risks include, but may not be limited to:

In rare cases, the therapist may determine that the transmitted information is of inadequate quality, thus necessitating a face-to-face meeting with the patient, or at least a rescheduled video consult;

Delays in therapeutic evaluation and treatment could occur due to deficiencies or failures of the equipment;

In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;

In rare cases, a lack of access to complete medical records may result in the delay of developing a therapy plan. By checking the box associated with “Informed Consent”, you acknowledge that you understand and agree with the following:

  • I understand that the laws that protect privacy and the confidentiality of medical information also apply to Online Health Services, and that no information obtained in the use of Online Health Services, which identifies me, will be disclosed to researchers or other entities without my consent.
  • I understand that I have the right to withhold or withdraw my consent to the use of Online Health Services in the course of my care at any time, without affecting my right to future care or treatment.
  • I understand the alternatives to Online Health Services consultation as they have been explained to me, and in choosing to participate in a Online Health Services consultation, I understand that some parts of the therapy session may be conducted by individuals at my location, or at a testing facility, at the direction of the consulting healthcare provider.
  • I understand that Online Health Services may involve electronic communication of my personal medical information to other medical practitioners who may be located in other areas, including out of state, provided you give your consent to do so.
  • I understand that I may expect the anticipated benefits from the use of Online Health Services in my care, but that no results can be guaranteed or assured.
  • I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than my healthcare provider and consulting healthcare provider in order to operate the video equipment. The above mentioned people will all maintain confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that are personally sensitive to me; (2) ask non-medical personnel to leave the Online Health Services examination room; and/or (3) terminate the consultation at any time.

Patient Consent To The Use of Online Health Services

I have read and understand the information provided above regarding Online Health Services, have discussed it with my physician or such assistants as may be designated, and all of my questions have been answered to my satisfaction.

I have read this document carefully, and understand the risks and benefits of the Online Health Service consultation and have had my questions regarding the procedure explained and I hereby give my informed consent to participate in a Online Health Service visit under the terms described herein.

By checking the box containing “INFORMED CONSENT FOR Online Health Services” I hereby state that I have read, understood, and agree to the terms of this document.