Terms Of Use
Make Your Plan with Dr. Lamb
Last Update: 01/11/2024
Please read the Terms of Use for the Course carefully and in their entirety before purchasing and using Make Your Plan with Dr. Lamb (hereinafter referred to as the “Course”). The Course and its content are owned by BLambMD LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means BLambMD LLC
“Participation”, “Participating”, “Using”, or “Use” means reading, watching, implementing, trying, or otherwise engaging in the Course.
“Course” means Make Your Plan with Dr. Lamb
“You”, “User”, or “Your” means the purchaser and person using the Course.
“Their” or “Your Person” means the person who is living with dementia and/or is being advocated for by the purchaser and person using the Course.
2. Consent:
By participating in the Course, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in this program, you understand that the Company is a licensed physician who is working in this role as a coach and educator.
This Program is for informational and educational purposes only. BLambMD LLC does not offer medical advice. Any content accessed through BLambMD LLC programs, courses, or services is for informational purposes only and is not intended to cover or otherwise be used as a substitute or supplement for the diagnosis of, or treatment of any medical condition.
Do not ignore or delay obtaining professional medical advice because of information accessed through or otherwise obtained from, or on behalf of our company.
Do not use or call upon our services during a medical emergency.
Call 911 in case of emergency.
For any new symptoms or medical issues that need diagnosis or treatment call your/their personal physician or qualified medical professional.
For any new medical issues or management of existing medical issues, discuss all means of diagnosis and treatment options with your/their personal physician or qualified medical professional.
The Client needs to discuss, and clear, any and all changes to his/her, or their, health care plan, with his/her/their physician or qualified medical professional before implementing any suggested or offered changes, additions, subtractions, substitutions, or alterations to his/her/their health care plan. This includes all aspects of health care including, but not limited to, medical treatments, medications, use of medical services in and outside of the hospital, medical order forms, changes in lifestyle, food intake, supplements, exercise regimen, etc.
The Client confirms that s/he has or will discuss any and all changes to his/her/their diet, exercise regimen, supplements, medications, or lifestyle with his/her/their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her or their lifestyle.
Further, the Company has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with any medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her or their life.
The Client understands that the Company is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered non medical professional. The Company and Client’s work together is not a substitute for professional financial, business, or legal advice. The Company and Client’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans, strategy, and planning. The Client understands that the Company does not guarantee any financial outcome from the Parties’ work together.
4. Intellectual Property Ownership:
The Course and its content, including, but not limited to, the entirety of the Make Your Plan with Dr. Lamb online course including all modules and lessons, videos, handouts, worksheets, spreadsheets, and the Dementia Medical Care Planning Guide etc. are intellectual property owned by BLambMD LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
5. No Sharing:
You cannot distribute, copy, forward, and/or share the Course or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Course, you will be removed from the Course immediately and no refund will be issued.
6. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
7. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Course in any way. The Course is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Course.
8. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, BLambMD LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Course, its materials, our website, or any other information obtained by you from us. By enrolling in the Course, you hereby agree to this limitation of liability and release BLambMD LLC from any and all claims.
By participating in and/or purchasing the Course, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless BLambMD LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Course and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Course, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless BLambMD LLC as stated in this section herein.
9. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. You will have 14 days from time of purchase to request a refund. Please email [email protected] to issue a request. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Brittany Lamb at [email protected].
10. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Course, please contact us directly first by emailing Brittany Lamb at [email protected]
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and BLambMD LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Fairfax, Virginia.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the Commonwealth of Virginia. The only award that can be issued to you is a refund of any payment made to BLambMD LLC for the applicable Course. You are not permitted to seek additional damages, including consequential or punitive damages.
11. Limitation of Liability:
BLambMD LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Course. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Course or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
12. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to BLambMD LLC to charge your credit or debit card for the amount owed for payment of the Course. When you purchase the Course, your information (i.e. credit card and contact info) may be collected by the third-party merchant i.e. PayPal, Stripe, Thinkific (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. BLambMD LLC is not responsible for the merchant’s independent policies or practices.
Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Course via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged twice, 30 days apart for 2 two total charges, to complete your total payment.
If you choose the Payment Plan to purchase the Course, you hereby authorize and give permission to BLambMD LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Course, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.
By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged 30-days apart for your remaining payments. Please plan accordingly.
If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 2-business day grace period to make your payment for the Course.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 2-business day grace period to update your card information with any penalty or losing access to the Course.
After 2nd failed payment:
Your access to the Course will be temporarily suspended and you will not be able to access the Course at all until you successfully complete your payment. We will attempt to re-charge your credit card in 2-business days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 2-business days, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Course and no refund will be given.
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Course terms.
13. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
14. Entire Agreement
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
15. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the Commonwealth of Virginia. Any action brought by any party arising out of or from these Terms shall be brought within the Commonwealth of Virginia, County of Fairfax.
By purchasing and/or participating in the Course, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Brittany Lamb at [email protected] Thank you.