Terms & Conditions

Welcome to the continuing education website and learning management system (collectively, the “Services”) operated by Infocus Continuing Education LLC (“Infocus CE,” “we,” “us,” or “our”) in collaboration with Affirm Mental Health LLC (“Affirm”), the continuing education provider and provider of the educational content offered through the Services. (Infocus CE and Affirm may be referred to herein jointly as the “Providers”)

By accessing, registering for, purchasing through, or using the Services, you agree to these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not agree to these Terms, including the applicable law set forth in Section 18, you must not use the Services.

1. Roles of Infocus CE and Affirm

Infocus CE operates and administers the website and learning management system and is responsible for marketing, sales, registration and payment processing, customer support, learner administration, completion tracking, certificate generation and issuance, and other administrative and technology-related functions associated with the Services.

Affirm provides the continuing education courses and educational content and is responsible for its continuing education provider approvals, course content, instructors and presenters, educational accuracy and quality, accreditation and regulatory compliance, and other educational matters relating to the courses.

For live webinars and workshops, Affirm is responsible for the educational program, including program content, presenters and faculty, educational delivery, scheduling, attendance and participation requirements, continuing education eligibility, accreditation, and regulatory compliance. Infocus CE's role is limited to its responsibilities for the LMS and related technology, broadcast or access through the LMS, sales and transaction processing, registration through the LMS, learner administration and tracking, and certificate generation and issuance.

2. Continuing Education and License Requirements

CE requirements vary by profession and jurisdiction. You remain responsible for confirming the requirements applicable to your individual license with your licensing authority. The Providers have conducted research into applicable state CE requirements for each profession, jurisdiction, and license type, and they designed the course packages based on that information; however, neither Infocus CE nor Affirm guarantees that a particular course or package will satisfy your specific CE requirements.

3. Course Completion and Certificates

To receive CE credit and a Certificate of Completion, you must satisfy the completion requirements identified for the applicable course. These requirements may include viewing or listening to course materials, completing required assessments or evaluations, achieving the required passing score, and satisfying other applicable participation requirements. The Certificates issued by Infocus CE certify only that you have satisfied the completion requirements for a specific course, not that the course satisfies any CE requirements.

Certificates are issued based upon the information provided through your account. You are responsible for ensuring that your name, profession, license information, and other information used for CE documentation are accurate.

4. Accounts

You may be required to create an account to purchase or complete courses.

You agree to provide accurate and complete information and to maintain the confidentiality of your login credentials. Your account is for your individual use and may not be shared with another person.

You are responsible for activities conducted through your account.

5. Purchases and Payments

Purchases made through the Services are processed by Infocus CE.

Payment-card transactions are processed through Stripe, Infocus CE's third-party payment processor. Infocus CE does not store your complete payment-card number or card security code.

Your use of Stripe's payment services may also be subject to Stripe's applicable terms and privacy practices.

Prices, course offerings, packages, and promotions may change from time to time. The price applicable to your purchase is the price displayed at the time your transaction is completed, subject to correction of obvious pricing or technical errors.

6. Refunds and Cancellations

Purchases are subject to the Refund and Cancellation Policy posted on the Services and in effect at the time of purchase.

Please review that policy before making a purchase.

7. Educational and Professional Disclaimer

Courses and materials available through the Services are provided for continuing education and informational purposes.

Educational content is not intended to constitute individualized medical, mental health, legal, financial, or other professional advice and does not create a clinician-patient, therapist-client, attorney-client, or other professional relationship.

Course participants remain responsible for exercising their own professional judgment and complying with the laws, regulations, ethical requirements, standards of practice, and licensing requirements applicable to their profession.

8. Live Webinars

Live webinars and workshops available through the Services are educational programs provided by Affirm. Affirm is responsible for the educational content, presenters and faculty, educational delivery, scheduling, attendance and participation requirements, continuing education eligibility, accreditation, regulatory compliance, and educational quality of these programs.

Infocus CE does not develop or control the educational content, presenters, accreditation, or instructional delivery of Affirm's live programs. Infocus CE's responsibilities are limited to its LMS and related technology and administrative functions, including facilitating broadcast or access through the LMS, sales and payment processing, registration through the LMS, learner administration and tracking, and certificate generation and issuance.

Questions or concerns regarding the educational content, presenters, scheduling, attendance or participation requirements, CE eligibility, accreditation, or educational delivery of a live program are matters within Affirm's responsibility. Transaction, LMS access, account, or certificate-processing questions may be directed to Infocus CE.

9. Intellectual Property and Course Content

Course materials, presentations, recordings, podcasts, webinars, transcripts, written materials, assessments, graphics, and other educational content provided by Affirm or its instructors, presenters, licensors, or content partners are protected by applicable intellectual property laws and remain the property of their respective owners.

The website, LMS technology, design, functionality, branding, and other materials provided by Infocus CE are likewise protected by applicable intellectual property laws.

Your purchase or enrollment provides you with a limited, personal, non-exclusive, non-transferable right to access and use the applicable educational materials for your own continuing education.

You may not reproduce, distribute, sell, sublicense, publish, publicly display, record, copy, modify, scrape, systematically extract, or otherwise commercially exploit course materials or other protected content without the applicable owner's prior written permission.

10. Unacceptable Use

You agree not to:

• Share your account or course access with another person;
• Obtain CE credit on behalf of another person;
• Permit another person to complete a course or assessment for you;
• Attempt to circumvent course-completion or assessment requirements;
• Copy or improperly distribute course materials;
• Interfere with the operation or security of the Services;
• Attempt unauthorized access to accounts, systems, or data; or
• Use the Services for an unlawful or fraudulent purpose.

Infocus CE may suspend or terminate access where it reasonably believes these Terms have been violated.

11. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how personal information is collected, used, disclosed, protected, and retained.

12. Third-Party Services and Links

The Services may contain links to or integrate with third-party websites, payment processors, technology providers, or other services.

The Providers do not control and are not responsible for the content, availability, security, terms, or privacy practices of independent third-party services.

13. Availability of the Services

Uninterrupted availability and proper operation of the Services or error-free access is not guaranteed. The Services may occasionally be unavailable because of maintenance, updates, Internet or telecommunications failures, third-party service interruptions, security issues, circumstances beyond our reasonable control, or other technical conditions.

14. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTHING IN THESE TERMS AND CONDITIONS MAY BE INTERPRETED TO CREATE AN EXPRESS WARRANTY.

THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, EXCEPT WHERE THOSE IMPLIED WARRANTIES MAY NOT LAWFULLY BE DISCLAIMED.

Nothing in these Terms eliminates obligations expressly undertaken by Infocus CE or Affirm regarding course completion, certificates, or provider approvals as specifically represented through the Services.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDERS, AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, PRESENTERS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING DAMAGES ARISING FROM OR RELATING TO CONTINUING EDUCATION OR LICENSE-RENEWAL INFORMATION PROVIDED THROUGH THE SERVICES OR RELATED MARKETING MATERIALS.

CONTINUING EDUCATION AND LICENSE-RENEWAL REQUIREMENTS ARE ESTABLISHED AND INTERPRETED BY APPLICABLE LICENSING AND REGULATORY AUTHORITIES AND MAY CHANGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM GOOD-FAITH ERRORS OR OMISSIONS IN SUCH INFORMATION, CHANGES IN APPLICABLE REQUIREMENTS, OR DIFFERENCES IN THE INTERPRETATION OR APPLICATION OF REQUIREMENTS BY A LICENSING OR REGULATORY AUTHORITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROVIDERS ARISING OUT OF OR RELATING TO A CUSTOMER'S PURCHASE OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY THAT CUSTOMER FOR THE COURSE OR COURSE PACKAGE GIVING RISE TO THE CLAIM.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded.

16. Changes to Courses and Services

Course offerings, instructors, schedules, pricing, website features, and other aspects of the Services may be modified from time to time.

If changes materially affect a course you have already purchased, the Providers will make reasonable efforts, as applicable to their respective responsibilities, to provide an appropriate resolution.

17. Suspension or Termination

Infocus CE may suspend or terminate an account or access to the Services if it reasonably determines that a user has violated these Terms, engaged in fraudulent activity, compromised the security or integrity of the Services, or misused CE courses or credentials.

Termination of an account does not necessarily result in deletion of CE records or other information that Infocus CE or Affirm is required or reasonably needs to retain for accreditation, licensing, regulatory, tax, legal, security, or recordkeeping purposes.

18. Dispute Resolution

IN THE EVENT OF ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THE TERMS OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRABILITY OF THIS AGREEMENT, OR ANY AND ALL CLAIMS NOT BARRED BY THIS AGREEMENT, THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO THE THEN-CURRENT CONSUMER ARBITRATION RULES (AVAILABLE AT

https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf).

ARBITRATION MUST TAKE PLACE IN VIRGINIA AND BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE PROVIDERS MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION ON AN INDIVIDUAL BASIS YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.

These Terms and your use of the Services are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles, except that federal law applies to all matters regarding intellectual property. Under applicable law, the Services covered by these Terms are to be considered “services” not “goods.”

IF YOU DO NOT WISH TO SUBMIT TO THE TERMS OF THIS SECTION 18, YOU MUST NOT USE THE SERVICES.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Providers, and their respective owners, officers, employees, contractors, and service providers, from claims, liabilities, damages, losses, and reasonable costs and expenses arising from your unlawful or fraudulent use of the Services, your material violation of these Terms, or your infringement or misuse of the intellectual property or other rights of another person.

20. Changes to These Terms

Infocus CE may update these Terms periodically to reflect changes in the Services, business practices, applicable requirements, or the relationship between the Providers.

Updated Terms will be posted through the Services with a revised “Last Updated” date. Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

21. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be limited or modified to the minimum extent necessary, and the remaining provisions will remain in effect.

22. Entire Agreement and Waiver

These Terms, together with the Privacy Policy, Refund and Cancellation Policy, and any other policies expressly incorporated into these Terms, constitute the agreement between you and Infocus CE regarding your use of the Services, except to the extent additional terms expressly apply to a particular course, program, or service.

A failure to enforce any provision of these Terms does not constitute a waiver of that provision or of the right to enforce it later.

23. Contact Us

Please direct your question or request to the appropriate contact below:

Infocus Continuing Education LLC
For purchases, payments, accounts, login or technical support, and general customer service:
support@infocusce.com

Affirm Mental Health LLC
For course content, continuing education credit or eligibility, provider approvals, and CE-related questions:
support@affirmmentalhealth.com