The FAM Terms and Conditions
Overview
Welcome to the Drift Program, offered by The FAM, a division of Marks Media LLC, located at 502 Southwest 3rd Street, Bentonville, Arkansas. These Terms and Conditions define the legally binding terms for your participation in the Drift Program.
Program Acceptance and Restrictions
By purchasing the Drift Program, you acknowledge and agree to these Terms and Conditions, confirming your access to exclusive program content and benefits. You agree not to share, distribute, or allow unauthorized access to the program content.
Payment and Refund Policy
- Payment Obligation: You agree to pay the program fees as stated at the time of purchase, either in full or via an installment plan.
- No Refunds: All payments are final. There are no refunds available once the program fee is paid.
- Collection Practices: Should there be a failure in payment, The FAM may attempt to process the payment up to three times. A late fee of 10% may be applied for each failed attempt. Continued failure will result in program access cancellation without a refund.
Program Benefits and Access
- Access Credentials: Upon purchase, you will receive access credentials for the Drift Program content and benefits.
- Single User Access: These credentials are for your use only and may not be shared. If additional access is purchased (e.g., for a business partner or spouse), they will also be bound by these terms.
- Secure Access: You are responsible for maintaining the security of your access credentials and must notify The FAM of any unauthorized use.
Intellectual Property Rights
- Ownership: All content, including videos, articles, and materials provided as part of the Drift Program, remains the intellectual property of The FAM and Dr. Kimberly Lemke.
- Limited License: You are granted a non-exclusive, non-transferable, revocable license to use the content provided during your program term for personal or internal business purposes only.
- Restrictions: You may not reproduce, distribute, or create derivative works from the program content without prior written permission from The FAM.
Use of Trademarks
- Restricted Use: The terms “Sleep Guide” and “Sleep Guide Certified” are trademarked and cannot be used outside of the printable document supplied upon completion of the program.
User Content and Image Use
- Consent to Use Image and Likeness: By participating in any Drift Program events or accessing content, you consent to the recording of your image and likeness. The FAM has the right to use these recordings for promotional purposes at its discretion.
- Contribution Rights: Contributions made during your participation, such as posts or comments, may be utilized by The FAM for future marketing or promotional materials.
Term and Termination
- Program Term: Your access to the Drift Program content is valid for the term agreed upon at purchase and cannot be paused or extended.
- Termination for Breach: The FAM reserves the right to terminate your access for any breach of these terms without refund.
Disclaimers and Limitations of Liability
The FAM provides the Drift Program on an “as is” basis and makes no warranties regarding the effectiveness or profitability of the program. The FAM will not be liable for any damages arising from your use of the program.
Indemnification
You agree to indemnify and hold harmless The FAM and Dr. Kimberly Lemke from any claims, damages, or expenses arising from your breach of these Terms and Conditions or your use of the program.
Governing Law and Dispute Resolution
These Terms and Conditions are governed by the laws of the state of Arkansas. Any disputes will be resolved through binding arbitration in Arkansas.
Modifications to Terms
The FAM reserves the right to modify these Terms and Conditions at any time. Continued use of the Drift Program after such changes constitutes your consent to the new terms.
By purchasing the Drift Program, you affirm that you have read, understood, and agreed to these Terms and Conditions.
Drift™ Terms & Conditions
The Drift Sleep and Wellness Institute certificate issued by Drift, Inc. will serve as recognition of completion for the Drift Course. It is important to note that this certificate is not issued by any educational or accrediting institution.
Disclaimer
Non-Accreditation: This certificate is not accredited by any educational or professional institution or governing body. It is solely a testament to the participant’s completion of the specified course or program offered by Drift, Inc.
Educational Nature: While Drift, Inc endeavors to provide high-quality educational content, the issuance of this certificate does not imply endorsement, approval, or recognition by any educational or accrediting institution. I acknowledge that this course is made available by Dr. Lemke pursuant to her training as a sleep science coach and that her offering this course and certificate is not the practice of clinical psychology.
Professional Use: This certificate is intended for personal or professional development purposes only. It does not confer any academic credits, degrees, diplomas, or certifications recognized by educational or professional entities. This certificate does not serve as medical/psychological accreditation or endorsement.
Not a Substitute: Possession of this certificate does not substitute for any formal education, training, or certification required by employers, regulatory bodies, or professional associations.
No Guarantee: Drift, Inc does not guarantee or warrant the accuracy, completeness, or applicability of the information provided in the course or program leading to the issuance of this certificate.
Limitation of Liability: Drift, Inc, its officers, directors, employees, agents, and affiliates shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or reliance on this certificate. I acknowledge that although Dr. Lemke is a licensed clinical psychologist in the state of Illinois, through the purchase and completion of this course I am not entering into a doctor/patient relationship with Dr. Lemke.
Modification: Drift, Inc reserves the right to modify, amend, or revoke this certificate, course, or program without prior notice.
Acceptance of Terms: By accepting this certificate, the recipient acknowledges and agrees to the terms and conditions outlined in this disclaimer. It is recommended that the recipient reviews this disclaimer carefully before accepting the certificate.
Contact Information: For any inquiries or clarifications regarding this certificate or the associated course or program, please contact Drift Inc. at drkimberlylemke@driftcourse.com.
Informed Consent
Drift with Dr. Kimberly Lemke, P.C.
By agreeing to take part in the Five Part Course with Workbook, “Drift with Dr. Kimberly Lemke, P.C.” from Dr. Kimberly A. Lemke, P.C. and Drift, Inc., I understand and agree to the following:
1. I acknowledge that “Drift with Dr. Kimberly Lemke, P.C.” is a program designed to help people who have trouble sleeping address issues that may be affecting sleep in order to fall asleep easier, stay asleep, and feel more well rested and energized. I understand that the amount of sleep improvement will vary by individual and that results are not guaranteed.
2. I acknowledge that this course is made available by Dr. Lemke pursuant to her training as a sleep science coach and that her offering this course is not the practice of clinical psychology.
3. I acknowledge that although Dr. Lemke is a licensed clinical psychologist in the State of Illinois, through the purchase of this course I am not entering into a doctor/patient relationship with Dr. Lemke.
4. I acknowledge that I have not been diagnosed by Dr. Lemke with any psychological disorder and that this course and workbook do not constitute “treatment” of any psychological condition which may exist.
5. I agree to hold Dr. Kimberly A. Lemke, Dr. Kimberly A. Lemke, P.C. and Drift, Inc. harmless from any ill effects, however unlikely, that I may experience as a result of taking this course.
6. I acknowledge that all of the above stated information also applies to any promotional services or certificates made available by Dr. Lemke including but not limited to individual or group consultations/trainings/workshops offered or certificates from the Drift Sleep and Wellness Institute.
7. I acknowledge that I have fully read this Informed Consent and that I understand it. If I have any questions or concerns regarding this Informed Consent, I know that I can reach out to Dr. Lemke at drkimberlylemke@driftcourse.com.