TERMS OF SERVICE OF PROCESS KETAMINE STUDIO (“PKS”):

 Acceptance of Terms of Service

 Please carefully read these Terms of Service ("Terms," "Terms of Service"), which govern your use of www.processketaminestudio.com (the “Site”), the PKS mobile app (the "App"), and the services (the “Service”) operated by Process Ketamine Studio, LLC. (“PKS,” "us," "we," or "our") and constitute a binding agreement between you and PKS.

Your access to and use of the Site, App, and Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By checking the “I agree” box when creating a PKS account, or otherwise accessing or using the Site, App, or Service, you agree to be bound by these Terms as well as PKS’ Privacy Policy and the Notice of Privacy Practices. If you disagree or refuse to comply with any part of any of these Terms then you do not have permission to access the Site, App, or Service.

1. Terms

By accessing the website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on this website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

     i. modify or copy the materials;

     ii. use the materials for any commercial purpose, or for any public display (commercial  

     or non-commercial);

     iii. attempt to decompile or reverse engineer any software contained on the this website;

     iv. remove any copyright or other proprietary notations from the materials; or

     v. transfer the materials to another person or “mirror” the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PKS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer related to educational materials and protocols

The contents of the “PKS” website and materials are for educational purposes only and do NOT involve the provision of any form of medical, psychological, legal or healthcare advice or services. The material presented in the PKS training have been prepared in good faith with the goal of providing accurate and authoritative information regarding the subject matter covered.  It is the user’s responsibility to determine if any additional qualifications and/or formal certifications necessary to offer the services in the contexts, facilities or locations chosen. User and their agents should familiarize themselves with and abide by any applicable state, federal, or local laws implicated by engaging in the services outlined in the PKS materials. PKS specifically disclaims any implied warranties or merchantability or fitness for any particular purpose. There are no warranties which extend beyond the descriptions contained in this disclaimer. The accuracy and completeness of the information provided in the PKS educational materials and the opinions stated therein are not guarantees, nor warranties to or towards the production of any particular result, and the advice and strategies contained therein may not be suitable for every individual. The user understands that no educational materials can possibly cover every conceivable factual scenario or variation on the needs of people engaged in the use of ketamine or those attempting to support them.

User indemnifies and hold harmless PKS and its respective agents, employees, or contractors from and against all claims, cost, liabilities, judgments, expenses or damages owed to third parties (including amounts paid in settlement and reasonable attorneys’ fees)  arising out of or in connection with (i) the PKS educational materials or protocols; and (ii) any act or omission of user which results in (A) any bodily injury, sickness, disease or death; (B) any injury or destruction to tangible or intangible property (including computer programs and data) or any loss of use resulting therefrom; or (C) any violation of any statute, ordinance, or regulation. PKS shall not be held liable for direct or indirect loss of profit, incidental, special nor consequential damages based upon the use of information provided in the PKS educational materials or protocols. In implementing or utilizing any part or portion of PKS’s educational materials, user and their agents agree to do so at their own discretion and their own risk, and to not hold, nor attempt to hold PKS liable for any loss, liability, claim, demand, damage and all legal cost or other expenses arising whatsoever in connection with the use, misuse or inability to use the PKS educational materials and protocols. In no circumstances shall PKS’ total liability to user, if any, exceed the total amount paid by user for the PKS educational materials and protocols.  

4. Limitations

In no event shall PKS, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website, even if PKS, or a PKS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on the PKS website could include technical, typographical, or photographic errors. PKS does not warrant that any of the materials on its website are accurate, complete or current. PKS may make changes to the materials contained on its website at any time without notice. However, PKS does not make any commitment to update the materials.

6. Links

PKS has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PKS of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

PKS may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Privacy Policy

PKS respects your privacy. By using PKS’s Services, including the Website, you agree to be bound by PKS’s Privacy Policy that is expressly incorporated into this Agreement by this reference.

9. Intellectual Property

This site and all of its contents (the “Content”) are the sole property of PKS. This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, product names, product descriptions, ingredient lists, trademarks, software code, menus, and all other materials on this site. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without the written permission of PKS prior to such use.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our products sold through the site; make any derivative use of any of our Content; download, copy, or other use any Content or account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our site only as permitted by law and this Agreement. The licenses we have granted you terminate if you do not comply with this Agreement.

This site may contain logos, trademarks, or other intellectual property belonging to third parties not affiliated with PKS. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party’s intellectual property displayed on this site. You agree to indemnify and hold harmless PKS for any use by you of any third party’s intellectual property or proprietary information displayed on this site.

10. Copyright Infringement

PKS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. PKS has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of PKS or of a third party, or otherwise violated any intellectual property laws or regulations. PKS’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want PKS to delete, edit, or disable the material in question, you must provide PKS with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PKS to locate the material; (d) information reasonably sufficient to permit PKS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to PKS’s designated agent at via email at tracy@tracysantomarco.com

11. Copyright

All contents of the Services, including the Website, are Copyright 2024. All rights reserved.

12. Trademarks

All trademarks, service marks, and trade names of PKS used in its Services, including on its Website, are trademarks or registered trademarks of PKS.

13. Indemnity

You will indemnify and hold PKS and its subsidiaries, affiliates, licensors, content providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of intellectual property other than as expressly authorized by PKS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees, and expert witness fees of the Indemnified Parties in connection therewith. You will indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from use of the Services.

14. Governing Law

These Terms of Service shall be construed in accordance with and governed by the laws of the State of California, without reference to their rules regarding conflicts of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

15. Arbitration

(a)        Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to this Agreement, including the determination of the scope or applicability of this Section, will be determined exclusively by mandatory binding arbitration held in San Diego, California, and will be governed exclusively by the California Arbitration Act, California Code of Civil Procedure, Title 9, §§ 1280-1294.4

(b)        The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in San Diego, California, with respect to this Section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the California Arbitration Act. The Parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The Parties may seek recognition and enforcement of any California state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment.

(c)        The Parties waive (i) any right of removal to the United States federal courts and (ii) any right in the United States federal courts to compel arbitration, to confirm any arbitration award or order, or to seek any aid or assistance of any kind

(d)       Attorneys’ Fees. If a Party brings an action to enforce the provisions of this Agreement, the substantially prevailing Party will be entitled to recover its reasonable attorneys’ fees and expenses incurred in such action from the non-prevailing Party.