This agreement is made by and between Behavioral Tech Institute (“BTECH”) having a principal place of business at 700 Seneca Street, Suite 107 #167, Seattle, WA 98101, and the undersigned (“Recipient”), whose name and address appears below. The Recipient desires to utilize the BTECH owned materials and/or content noted in this agreement. In
exchange for the use of these materials and/or content, Recipient acknowledges
and agrees to the following terms and conditions.
1. Release of All Claims against BTECH. Recipient hereby agrees to release BTECH from any and all claims and liabilities for personal injury or property damage which occurs as a result of the use of the material and/or content.
2. Recipient hereby agrees to protect the confidentiality of this agreement and agrees to not disclose the terms outlined here. Recipient further agrees that the materials and/or content will be used in accordance with the terms of this contract, including restrictions against copying or distribution of the materials for any other purpose. Unless
otherwise agreed, BTECH Materials will be provided via a cloud service. BTECH Materials may not be removed from (downloaded from) the cloud service. Recipient may create
synchronized folders containing BTECH Materials on computers via the desktop
application of the cloud service, but may not create independent, non-synchronized copies.
3. Recipient agrees to not modify the formatting of the materials and to keep all BTECH branding in place.
Recipient understands and agrees that the materials use fee must be received by BTECH prior to release of the materials. Failure to pay may result in delay or total revocation of materials agreement.
5. Recipient further agrees to not use the materials beyond the term of this agreement.
6. No Liability for Consequential Damages. IN NO EVENT SHALL BTECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE MATERIAL AND/OR CONTENT, INCLUDING LOST PROFITS, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGE FOR PERSONAL INJURY, EVEN IF BTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTECH’S LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE USE OF THE MATERIALS AND/OR CONTENT, IF ANY.
7. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Washington.
8. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements with respect to the subject matter contained herein.
This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.