Seed Digging, PLLC PRO Training Program, with optional Certification - Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT
("AGREEMENT") BETWEEN YOU AND SEED DIGGING, PLLC THAT GOVERNS YOUR TRAINING AND CERTIFICATION IN THE SEEDING DIGGING PRO TRAINING ("PROGRAM"). BY BEGINNING AND ACCESSING THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Seed Digging, PLLC ("Seed Digging") and You, the Candidate, hereby agree to the following terms and conditions ("Terms").
REQUIREMENTS OF THE PRO TRAINING PROGRAM
There are two components to this training program: NON CERTIFICATION and CERTIFICATION. All information below applies to ALL participants in the program, unless otherwise noted or specified to those who are NON CERTIFIED and CERTIFIED.
Current Licensed Mental Health Professionals and Licensed School Counselors (minimum of a Masters Degree) are eligible for both components of the program. The certification component of the program involves a practicum experience and is OPTIONAL and is at no additional cost.
FOR NON CERTIFICATION (Seed Digging Technique Training component) involves meeting all requirements, terms and conditions, MODULES 1-3, final examination -part 1 only, and an evaluation. Module 4 and certification requirements are NOT applied to NON CERTIFICATION participants. Once all requirements have been met and the final examination has been passed, a certificate with CE Credit Hours will be emailed to you within 1-2 weeks.
FOR CERTIFICATION purposes: In order for individuals to become certified in Seed Digging, your Seed Digging Certification will be granted only upon the completion of all components of the Program (Modules 1-4) and subject to the Terms herein. The certification consists of three components—1) call-in courses ("Courses"), 2) Course materials, and 3) a final exam ("Exam"). To qualify for entry into the Program, You must pay the application fee and send in proof that you are currently licensed mental health professional and licensed school counselor (currently in good standing). To qualify to take the Exam, You must complete the entire Course and complete/pass all components.
Individuals who are enrolled in a masters level counseling program and are in a practicum or internship enrolled course, and have permission to practice counseling or counseling related services, under the direction, umbrella, license, of an accredited college or university, may participate in the certification training program by uploading a letter from the university or proof of enrollment in the place of the "professional license"; however, upon completion of the course, they will receive a "provisional" certification until their official counseling license (by state) has been received and submitted for an official Seed Digging "certification." This provisional status may not exceed 3 years.
REQUIREMENTS OF CERTIFICATION
Your Seed Digging Certification will be granted only upon the completion of the Program and subject to the Terms herein. The Program consists of three components—1) call-in courses ("Courses"), 2) Course materials, and 3) a final exam ("Exam"). To qualify for entry into the Program, You must pay the application fee and send in proof that you are currently licensed mental health professional, licensed school counselor, or registered nurse (currently in good standing). To qualify to take the Exam, You must complete the entire Course and complete/pass all components.
Individuals who are enrolled in a masters level counseling program and are in a practicum or internship enrolled course, and have permission to practice counseling or counseling related services, under the direction, umbrella, license, of an accredited college or university, may participate in the certification training program by uploading a letter from the university or proof of enrollment in the place of the "professional license"; however, upon completion of the course, they will receive a "provisional" certification until their official counseling license (by state) has been received and submitted for an official Seed Digging "certification."
PROGRAM CONTENT AND STRUCTURE
The Program includes the Course Materials, the Courses, and the Exam. The Course Materials include educational videos and other digital and print materials that will be provided before and during the Courses and are intended to supplement the subject matter of the Courses.
The practicum experience courses (involving CERTIFICATION participants and Module 4-live calls) will consist of ten (10) live calls, each lasting approximately one (1) hour ("Certification Session"). Attendance and participation on these calls is mandatory, although Seed Digging may grant excused absences in its sole discretion. Seed Digging will provide only one make-up Courses for Candidates who are unable to attend a Course and who have been granted an excused absence. In the event Seed Digging is unable to hold a Course as scheduled, it will reschedule the Course at a time it determines is acceptable to a majority of the Candidates. In addition to attendance, You are expected to participate and contribute to the content of the live calls, and Seed Digging has the discretion to assign topics to You that you will then present on during the live call. You will be asked to discuss real-life situations that may involve actual clients whose personal identities and information must treated with dignity and respect. To that end, before You may attend any Course, You must first provide the Agreement to Attain Client Waiver and Maintain Confidences.
Retaking Courses. In the event You are unable to attend all the Courses, finish course materials and make-ups, You will not be allowed to sit for Exam.
It will be at Seed Digging, PLLC’s discretion to allow you to re-enroll for the course at a later date and you will have to pay applicable fees.
CERTIFICATION: In the event you are unable to attend all the courses and make-ups, you will not be allowed to sit for the exam. However, You will be allowed to enroll in a subsequent Certification session, as long as enrollment occurs within (1) year of the beginning of the uncompleted session, and You will be granted credit for courses you have already attended.
CERTIFICATION AND NONCERTIFICATION
Exam:There are 2 parts to the exam.
CERTIFICATION PARTICIPANTS must take both parts of the exam. The exam may be taken after ALL modules (1-4), live calls, and all requirements have been completed.
NON CERTIFICATION PARTICIPANTS ONLY need to take part 1 (multiple choice).The Exam may be taken once ALL VIDEOS from Modules 1-3 have been watched.
All instructions and requirements of the exam must be followed. In the event You fail the Exam, You may retake it one other time. However, you may not retake the Exam any sooner than one month after failing it twice, and You must retake it within six (6) months of first failing it.
Once you purchase the program for the fee advertised (not including promotional and group rates), you receive lifetime access to the Seed Digging Certified PRO training program which includes videos and materials (with copyright restrictions-below).
The certification component option of the training program, including the 10 live calls allows access for up to one year after the program has been purchased. If you choose to add on the certification option all additional requirements listed within the training program must be followed.
REFUNDS AND CANCELLATION
Once you receive Course Materials, refunds of the application fee only will be granted in limited circumstances and subject to the sole discretion of Seed Digging. However, in the event you have attended some Courses during a certification session, but are unable to complete the remainder of the session for reasons that Seed Digging determines in its sole discretion are acceptable, Seed Digging agrees to credit your application fee to one, but only one subsequent session.
CREDIT CARD INFORMATION
The Seed Digging PRO Training Program uses "Stripe" for payment purposes and to secure credit card information. "Stripe is a global online payment processor which uses SSL (Secure Socket Layer) protection. and is a PLC Service Provider Level 1. Your credit card information is not shared and Stripe securely stores your information.
If you have a complaint regarding the program or any process involved in the program please send an email to [email protected] and state "complaint" within the subject line. The program administrator will review and respond to your complaint within 14 business days. Additional time may be needed in an attempt to resolve the issue but you will receive correspondence within 14 business days. Seed Digging, PLLC will attempt to find a resolve to the issue within 30-60 days.
OBTAINING CE CREDITS
NON CERTIFICATION AND CERTIFICATION:
NON CERTIFIED includes watching videos, passing final exam (part one), and filling out the online evaluation form. Once completed, the program administrator will check online program for exact amount of minutes each video was watched and award CE credits accordingly as detailed below. Your CE credit certificate will be emailed to you (unless you prefer regular mail) within 1-2 weeks of completing the program. If you prefer regular mail please send an email request to [email protected]
One hour of credit is offered for each 60 minutes of viewing time. For videos that last less than 60 minutes, measurement is based on .25 hour increments for a minimum of 15 minutes. There are 2 segments within this program that are less than 15 minutes. They do not count toward CE hours however they are mandatory to watch for certification purposes. The program awards 6 hours of CE credits.
For those who choose to do the CERTIFICATION component of the training program, all of the above applies, however your CE certificate will be mailed out along with your official certification once all requirements and training components have been met. If you choose to not finish the certification component, please email us at [email protected] and let us know that you are no longer in the program and request your CE credit certificate. Once you send this request, we will send your certificate within 1-2 weeks of your request.
COMPLIANCE WITH PROGRAM REQUIREMENTS AND PROHIBITIONS
The Seed Digging Certification requires investment in time and money to achieve and maintain. This Agreement protects Your and Seed Digging's investment and the integrity, validity, and security of all Seed Digging Certification Credentials. Seed Digging will use its best efforts to ensure the Courses are information and understandable and the Exam is fair and the results are reliable. Toward these goals Seed Digging has established rules to minimize any unfair advantage that may be gained by a Candidate’s misconduct related to the Program, and requires the highest level of ethical and professional conduct. You shall adhere to the following rules and shall not at any time, whether for your benefit or the benefit of others, knowingly or unintentionally engage in any action to subvert, or attempt to subvert, the Program process. These actions include, but are not limited to, taking the Courses and Exam independently, without assistance from another person, unless expressly authorized to do so by Seed Digging. Throughout the Program, You must not:
• Falsify your identity or impersonate another individual.
• Solicit or allow another person to take, or attend a Course or Exam, on Your behalf.
• Reproduce, use, or disclosure any Course or Exam content in any form (digital, print, verbal) to anyone before, during, or after the Program.
• Talk to or communicate in any other means with other Candidates live or virtually during an Exam.
• Give, seek, or receive unauthorized assistance during an Exam.
• Possess, refer to, or otherwise use any materials or equipment including, but not limited to, cellular phones, hand- held computers, laptop computers, tablets, electronic devices, removable drives, cameras, any recording devices, watches, wallets, backpacks, briefcases, purses, hats, car keys, bags, vests, coats, books, notes, paper, documents, or any writing materials while taking an Exam.
• Use any Seed Digging materials, regardless of source, during an Exam, unless expressly authorized to do so by Seed Digging.
• Alter any document provided during the Program including the certification certificate.
• Remove or attempt to remove any Exam material, in any format, from the testing area.
• Offer to sell, publish, display, distribute, disclose, or reproduce any part of any Program or Exam content, by any means, including, but not limited to, web postings, formal or informal preparation or discussion groups including communities of practice, chat rooms, reconstruction through memorization, study guides, or by any other method or in any materials.
• Create derivative works from any part of the Program.
• Engage in any conduct that is intended to, or results in, assisting or providing unfair advantage to others is prohibited.
• Engage in fraudulent conduct or misrepresent yourself as being Seed Digging Certified or trained in Seed Digging when You have not successfully earned that status or if your status has expired without renewal.
• Engage in any conduct that compromises the integrity, security, and confidentiality of the Program.
CONFIDENTIALITY AND OWNERSHIP
Intellectual Property. With the exception of the portions of the Program that Seed Digging makes publicly available, all Program content and materials are, and will at all times remain, the confidential intellectual property of Seed Digging. You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any confidential information, in any form, including without limitation, verbal, written, electronic or any other means for any purpose. Seed Digging will pursue all available remedies to protect its Program content and materials, its intellectual property, its confidential information, its trademarks, and all other proprietary information and materials, which may include prosecution to the maximum extent possible under applicable laws and to seek, to the fullest extent of applicable law, civil and criminal penalties.
Non-Disclosure Relating to Course and Exam Content. All Courses and Exams are administered for the sole purpose of testing your knowledge in the area referenced in the title of the applicable Course or Exam. Exam security, including secured exam content, is critical to the integrity and value of a certification. The content of each Course and Exam is the proprietary, confidential, and copyright-protected material of Seed Digging and You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any Course or Exam content, in any form, including without limitation, verbal, written, electronic or any other means for any purpose.
CONFIDENTIALITY OF PERSONAL INFORMATION
Personal information involving your information and test scores within the program are confidentially stored within the Kajabi Program. INFORMATION is not shared and is only viewed by the Program Administrator.
USE OF SEED DIGGING TRADEMARKS AND CERTIFICATION CREDENTIALS
Seed Digging has exclusive rights to its trademarks and certification credentials. You may nominally refer to Seed Digging, but may only use the trademarks and certification credentials as permitted by Seed Digging:
Permitted Use. Upon completing the Program and passing the Exam, Seed Digging will grant You a non-exclusive, non-transferable, non-assignable, non-sublicensable, personal, revocable right to designate yourself with the applicable Seed Digging Certification Credential and to use the same to market, advertise, and promote Your activities as a Seed Digging-Certified professional. You are granted no other right, title, or license to the certification credential or Seed Digging trademarks. Your use of the certification credential and trademarks is subject to the terms of this Agreement.
Prohibited Use. You agree You will not, nor permit others to:
• Delete, alter, or obscure any trademark, copyright, or other proprietary notices appearing in any Seed Digging materials.
• Add or insert any other trademark or copyright into or on any Seed Digging materials.
• Use the trademarks or certification credentials or other Seed Digging content in any manner that implies that any other products or services are “See Digging” or are endorsed, approved, or provided by Seed Digging without a license granted by Seed Digging in a formal written agreement or by other express written permission from Seed Digging.
• Take any action that is adverse to, challenges, dilutes, or interferes with any of Seed Digging's rights in or to the trademarks, certification credentials, domain names, and other similar designations of source, sponsorship, association, or origin.
• Register or apply for registrations, anywhere in the world, for any trademark, trade name, service mark, brand name, certification mark, logo, or domain name that is similar to or incorporates the trademarks or certification credentials in whole or in confusingly similar part.
• Use any trademarks, certification credentials, or Seed Digging abbreviations or acronyms in any domain name, email address, or other social media identifier.
• Take any action or make any statement that is unfair, misleading, disparaging, or deceptive relating to Seed Digging or Seed Digging materials, trademarks, certification credentials, products, services, methods, customers, or associates.
• Make any representations, warranties, guarantees, indemnities, similar claims or commitments, actually, apparently, or ostensibly on behalf of Seed Digging, regarding the trademarks, certification credentials, or any ideas, techniques, or methodologies of Seed Digging .
Required Conduct. Once You complete the Program and pass the Exam and are certified by Seed Digging, You agree to:
• Conduct yourself according to a high standard of professional conduct.
• Ensure Seed Digging has Your current postal address and email address.
• Inform Seed Digging, without delay, of matters that can affect your capability to continue to fulfill the conditions of the certification credential, including but not limited to the loss of professional licensure.
• Protect Your certification credentials against inappropriate or unauthorized use, including protecting against another person, or an organization in which You are not actively involved, to use Your certification credentials for any unauthorized purpose.
• Comply with all terms of this Agreement including Your obligations relating to non-disclosure, indemnity, and usage of trademarks and certification credentials.
CERTIFICATION TERM AND RENEWAL
The term during which You may use your applicable certification credential shall commence upon receiving notification from Seed Digging that you have passed the Exam, and shall continue for as long as your certification credential is valid and in good standing (“Certification Term”) up to two (2) years. To maintain Your certification credential, and receive re-certification, You must comply with the designated continuing certification requirements prior to the end of your Certification Term or your certification credential and all rights related to the use thereof shall terminate. Recertification requirements may include the completion of supplemental coursework and a recertification fee. Seed Digging will provide You notice of any changes to such requirements, including recertification fees, and set reasonable deadlines for achieving those requirements in order for You to maintain your certification status.
TERMINATION AND REVOCATION OF CERTIFICATION
You May Terminate at Any Time. You may terminate this Agreement at any time upon written notice to Seed Digging.
Seed Digging May Terminate For Cause. Seed Digging reserves the right to terminate this Agreement for cause and revoke your certification credential at any time upon written notice to You (sent to your last known mailing and/or email address). Cause for termination shall include, without limitation, (i) any breach of this Agreement, (ii) Seed Digging's determination, in its sole discretion, that You have cheated on any Course or Exam, have aided in the cheating on any Course or Exam or have disclosed Exam questions or answers to a third party, (iii) Your misrepresentation of your certification credential, (iv) Your loss of professional licensing with any state or federal regulatory body for any reason, or (v) Your use of Seed Digging techniques that Seed Digging determines in its sole discretion are inappropriate. If for any reason and at any time and in its sole discretion, Seed Digging determines your Course performance and Exam result do not accurately reflect Your true knowledge or mastery of the Seed Digging subject matter, Seed Digging has the right to revoke Your certification credential and all rights relating thereto.
Effect of Termination or Expiration. Upon termination or expiration of this Agreement or a certification credential, all rights related to your certification credential, including all rights to use your certification credential and Seed Digging trademarks will immediately terminate, and You must immediately cease to represent yourself as Seed Digging-Certified. Except as provided herein, You will have no further rights or obligations under this Agreement after its termination or expiration.
VERIFICATION OF CANDIDATES
Seed Digging reserves the right to use any reasonable methods for the purpose of verifying the identity and certification status of a Candidate, including without limitation, the use of challenge questions, statistical assessment of exam results, identification numbers, photographic verification, and signature verification.
SEED DIGGING ACTION FOR NONCOMPLIANCE
Violations of this Agreement may result in the loss of Seed Digging certifications, suspension, or a permanent ban from the certification Program and the Seed Digging website, and may have other legal ramifications.
All Materials are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Certification in Seed Digging does not authorize You to perform acts or services that are outside the scope of practice of your profession. It is Your responsibility and obligation to determine how and to what extent Seed Digging techniques may be implemented and used within the scope of your specific occupation. Seed Digging makes no representations about the acceptability or applicability of its techniques to any particular profession. You should be mindful that, in the event the use of a Seed Digging technique may violate the scope of Your professional practice, You should seek the assistance of a provider who is qualified to assist You and your client.
Seed Digging Indemnity Obligations. Seed Digging warrants that it has the right to disclose its proprietary information contained in the Course, Exams, and other materials and that such disclosure does not violate the rights of any third parties. Seed Digging shall indemnify, defend, and hold a licensee harmless from and against all claims, losses, damages, costs and expenses suffered, incurred, or sustained by licensee to which the licensee becomes subject, resulting from, arising out of, or relating to any actual third party claims of violations of intellectual property rights.
Candidate Indemnity Obligations. You agree to indemnify, defend and hold Seed Digging harmless against any losses, liabilities, damages, claims and expenses (including attorneys’ fees and court costs) arising out of any claims or suits, whatever their nature and however arising, in whole or in part, which may be brought or made against Seed Digging in connection with: (i) any personal injury, property damage or other claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by You, (ii) Your use of misuse of a certification credential and/or Seed Digging Trademarks; (iii) Your use or misuse of Seed Digging confidential information; and/or (iv) Your breach of any terms of this Agreement.
LIMITATION OF LIABILITY AND DAMAGES
Liability. In the event a Course or Exam is administered by a party other than Seed Digging, You acknowledge and agree that Seed Digging shall have no liability to You for any claim in any way related to the Course or Exam, including but not limited to registration, the testing environment, delivery of the Courses and Exam, Program fees, and the accuracy, timeliness, or reporting of Exam results.
Damages. With the exception of the indemnity obligations set forth herein, under no circumstances will Seed Digging be liable for any consequential, special, incidental, exemplary, or indirect damages arising from or relating to this Agreement even if Seed Digging has been advised of the possibility of such damages. Seed Digging's liability for direct damages, whether in contract, tort or otherwise, shall be limited to the application fee paid by You to Seed Digging under this Agreement.
Seed Digging may, in its sole discretion, change the Program without notice. Such changes will be posted on the Seed Digging website at www.seeddiggingtraining.com and may include, without limitation, adding or deleting available certification credentials and modifying certification requirements, recommended training courses, testing objectives, outlines and exams, including how and when exam scores are issued. You agree to meet the Program requirements, as changed, as a condition of obtaining and maintaining your certification.
Entire Agreement. This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior communications and agreements, either oral or written.
No Partnership or Agency. Each party shall act only as an independent contractor, and not as an employee, agent, subcontractor, or representative of the other for all purposes under this Agreement. Nothing contained herein shall be deemed to constitute a joint venture or partnership for any purpose or create any employment or fiduciary relationship between the parties. Neither Seed Digging nor Candidate will have any authority to create or assume, in the name or on behalf of the other, any obligation, expressed or implied.
Severability. If any provision in this Agreement is determined to be unenforceable by any court of competent jurisdiction, such provision shall be modified to be enforceable and consistent with the parties’ intent as closely as possible. Further, if the remainder of the Agreement is not materially affected by such determination and is capable of substantial performance, then the remainder will be enforced to the extent permitted by law.
Waiver. The failure to enforce or the waiver by either party of one default or breach of the other party shall not be considered a waiver of any subsequent default or breach.
Governing Law. This Agreement is governed by the laws of the State of Arkansas, excluding its conflicts of laws provisions. The parties agree that the exclusive jurisdiction of any suits arising out of, relating to, or in any way connected with this Agreement shall be in the state or federal courts, as applicable, located in Boone County, Arkansas or whatever available venue is nearest to Boone County.
Dispute Resolution. In the event either party has a dispute related to this Agreement, the disputing party shall notify the other party in writing of the nature of the dispute, describing in reasonable detail the facts and other relevant information underlying the dispute. If corrective action is not agreed upon, the dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof. Notwithstanding the foregoing, either party may at any time seek interim or permanent relief in any court of competent jurisdiction for disputes relating to non-compliance with confidentiality obligations or any provisions of this Agreement involving intellectual property rights.
Amendments. Any amendment or change to this Agreement must be in writing and signed by both the Candidate and Seed Digging to be binding.
Survival. Provisions that survive termination or expiration of this Agreement include those pertaining to limitation of liability, indemnification, nondisclosure, and others that by their nature are intended to survive.
End of Agreement