Terms of Service
TERMS OF SERVICE OF PROCESS KETAMINE STUDIO, LLC (“PKS”)
Acceptance of Terms of Service
Please carefully read these Terms of Service (“Terms”), which govern your use of ProcessKetamineStudio.com, IVKetamineSupport.com (“IVKS”), training programs hosted on Thinkific, live educational presentations, webinars, consultations, downloadable resources, digital materials, and any related services or products operated by Process Ketamine Studio, LLC (“PKS,” “us,” “we,” or “our”) and collectively referred to as the “Services.”
IV Ketamine Support (“IVKS”) is a brand and educational resource platform operated by Process Ketamine Studio, LLC (“PKS”) and is not a separate legal entity.
These Terms apply to all visitors, patients, clinics, therapists, mental health professionals, healthcare providers, webinar attendees, consultation participants, purchasers, and all other users who access, purchase, participate in, or use the Services.
Your access to and use of the websites, educational materials, training programs, live presentations, webinars, consultations, downloadable resources, and other Services is conditioned upon your acceptance of and compliance with these Terms.
By checking an “I agree” box, purchasing a Service, registering for a webinar or Presentation Service, accepting an invoice or written proposal, or otherwise accessing or using the Services, you agree to be bound by these Terms and any applicable Privacy Policy incorporated herein by reference.
Please note that PKS’s and IVKS’s non-clinical educational Services are not offered as healthcare treatment services, and PKS and IVKS do not undertake HIPAA Business Associate obligations through these Services unless expressly agreed in a separate written agreement. Each provider or clinic you engage with maintains its own privacy notices and legal responsibilities.
1. Terms
By accessing, purchasing, participating in, or using any PKS or IVKS website, educational service, webinar, presentation, consultation, training program, or related offering, you agree to be bound by these Terms and acknowledge that you are responsible for compliance with all applicable laws, regulations, ethical rules, and professional requirements.
If you do not agree with any of these Terms, you are prohibited from using or accessing the Services.
The materials contained within the Services are protected by applicable copyright, trademark, and intellectual property laws.
2. Use License
a. Permission is granted to temporarily download one copy of the materials, educational content, presentation materials, recordings, downloadable resources, or software provided through the Services 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 this website or within the Services;
iv. remove any copyright, trademark, watermark, or other proprietary notations from the materials;
v. transfer the materials to another person or “mirror” the materials on any other server;
vi. record, reproduce, distribute, retransmit, publish, screenshot for redistribution, share, modify, sell, commercially exploit, or redistribute any webinar, Presentation Service, consultation, slide presentation, educational recording, downloadable resource, or training material without prior written consent from PKS; provided, however, that this restriction does not limit PKS’s own right to record, create, use, or distribute its materials;
vii. use PKS or IVKS educational materials, presentations, training content, or resources to create competing educational products, trainings, services, or commercial offerings.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PKS at any time. Upon termination of this license or your access to the Services, you must cease use of the applicable materials and destroy any downloaded materials in your possession or control, whether in electronic or printed form.
3. Disclaimer Related to Educational Materials, Training Programs, Presentations, and Protocols
IV Ketamine Support (“IVKS”) and Process Ketamine Studio, LLC (“PKS”) provide educational and informational services only. PKS’s and IVKS’s non-clinical educational Services are not offered as healthcare treatment services, and PKS and IVKS do not undertake HIPAA Business Associate obligations through these Services unless expressly agreed in a separate written agreement. All content is provided for educational and informational purposes only and does not create a provider-patient relationship, therapist-client relationship, supervisory relationship, fiduciary relationship, agency relationship, partnership, employment relationship, or joint venture of any kind.
The contents of the IVKS websites, PKS websites, training programs, Presentation Services, webinars, consultations, downloadable resources, educational materials, protocols, and related content are for educational purposes only and do NOT involve the provision of any form of medical, psychological, psychiatric, legal, therapeutic, clinical supervision, or healthcare advice or services.
The material presented through IVKS and PKS educational materials, training programs, webinars, and Presentation Services has been prepared in good faith with the goal of providing accurate and authoritative information regarding the subject matter covered. However, the accuracy, completeness, adequacy, and application of such information are not guaranteed.
It is the user’s sole responsibility to determine whether any additional education, qualifications, certifications, licensure, supervision, consultation, or formal training are necessary to provide services within the contexts, facilities, jurisdictions, or professional settings chosen by the user.
Users and their agents should familiarize themselves with and comply with all applicable state, federal, local, licensing board, professional, ethical, and regulatory requirements implicated by engaging in any services, concepts, educational materials, or protocols discussed through IVKS or PKS.
For Therapists and Professionals: Our training programs, webinars, consultations, and Presentation Services are for educational purposes only. Completion of any course, training, consultation, webinar, or Presentation Service does not license, certify, authorize, endorse, credential, supervise, or qualify any person to practice outside their professional scope of practice, competence, licensure, training, or jurisdiction.
Users remain solely responsible for compliance with all applicable laws and regulations, clinical decision-making, patient care, informed consent practices, supervision requirements, scope-of-practice limitations, business operations, advertising practices, and professional conduct.
PKS and IVKS specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, professional outcome, business outcome, treatment outcome, financial outcome, or suitability for any individual, clinic, patient population, or professional setting.
There are no warranties which extend beyond the descriptions contained in this disclaimer.
The accuracy and completeness of the information provided through IVKS and PKS educational materials, Presentation Services, webinars, consultations, and protocols, and the opinions stated therein, are not guarantees or warranties toward the production of any particular result. The advice, strategies, concepts, protocols, educational materials, and recommendations presented may not be suitable for every individual, clinic, patient, therapist, or professional setting.
The user understands that no educational material, webinar, consultation, or Presentation Service can possibly cover every conceivable factual scenario, patient presentation, legal issue, ethical issue, clinical variation, contraindication, or professional circumstance related to ketamine treatment, mental health care, psychotherapy, or supportive services.
The user agrees to indemnify, defend, and hold harmless PKS, IVKS, and their respective owners, officers, directors, employees, contractors, agents, affiliates, licensors, and representatives from and against all claims, costs, liabilities, judgments, expenses, damages, or losses owed to third parties (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or in connection with:
(i) the IVKS or PKS educational materials, training programs, webinars, Presentation Services, consultations, protocols, or related content; and
(ii) any act or omission of the user or their agents which results in:
(A) bodily injury, sickness, disease, psychological injury, emotional distress, or death;
(B) injury or destruction to tangible or intangible property (including computer systems, software, programs, or data), or any resulting loss of use;
(C) any violation of any statute, ordinance, regulation, licensing requirement, ethical obligation, or professional standard; or
(D) any claim arising from patient care, business operations, advertising, professional services, supervision, treatment decisions, or professional conduct undertaken by the user.
To the fullest extent permitted by law, PKS and IVKS shall not be liable for any loss of profits, loss of revenue, loss of business opportunity, business interruption, reputational harm, incidental, indirect, special, exemplary, punitive, or consequential damages, or for regulatory actions, licensing complaints, malpractice claims, or legal expenses arising from the use of, reliance upon, misuse of, inability to use, or interpretation of any information provided through IVKS or PKS educational materials, webinars, consultations, Presentation Services, or protocols.
In implementing or utilizing any part or portion of IVKS or PKS educational materials, training programs, webinars, consultations, Presentation Services, or protocols, the user and their agents agree to do so entirely at their own discretion and risk, and agree not to hold, nor attempt to hold, PKS or IVKS liable for any loss, liability, claim, demand, damage, disciplinary action, legal action, malpractice action, licensing complaint, or expense arising whatsoever in connection with the use, misuse, interpretation, implementation, or inability to use the educational materials or Services.
To the fullest extent permitted by law, PKS’s and IVKS’s total aggregate liability to the user for any claim arising out of or relating to the specific Service giving rise to the claim shall not exceed the total amount actually paid by the user for that specific Service.
3A. Purchases, Scheduling, Refunds, and Presentation Policies
Healing Resources and Digital Products (Patients/Clinics)
Refunds for patient-facing and clinic-facing products, digital materials, downloadable resources, memberships, and educational materials are limited and subject to the specific product description, offer terms, or purchase agreement presented at the time of purchase.
Due to the immediate accessibility and digital nature of these materials, purchases of digital products, downloadable resources, memberships, and educational materials are generally non-refundable once access has been granted or the materials have been accessed, delivered, downloaded, streamed, or otherwise made available to the purchaser.
If you believe an error has occurred in connection with your purchase, billing, or account access, please contact PKS for review.
Training Programs (Therapists/Professionals)
Due to the immediate availability of course content, educational materials, downloadable resources, and training access, purchases of training programs, webinars, educational resources, and professional training content are generally non-refundable once access has been granted.
Completion of training programs does not guarantee certification, licensure, employment, business success, professional competency, patient outcomes, or legal authorization to practice outside the user’s professional scope of practice or jurisdiction.
If you believe an error has occurred in connection with your purchase, billing, or course access, please contact PKS for review.
Live Educational Presentations and Webinar Services
PKS may offer live educational presentations, webinars, consultations, workshops, virtual speaking engagements, or related educational services (“Presentation Services”), including but not limited to the presentation currently titled “Intro to IV Ketamine Therapy.” Presentation titles, branding, structure, educational content, and materials may be modified, renamed, updated, expanded, or discontinued at any time without notice.
Payment and Scheduling
Payment is due in full at the time of booking unless otherwise agreed upon in writing by PKS.
Presentation Services must be scheduled within three (3) months of purchase unless otherwise agreed by PKS in writing. Failure to schedule within this timeframe may result in forfeiture of payment without refund.
Pricing, promotional offers, discounts, coupon codes, and special pricing arrangements may be modified or discontinued at any time without notice.
Cancellation and Rescheduling Policy
Cancellations made more than seven (7) calendar days before the scheduled Presentation date are eligible for a refund minus a $150 administrative and scheduling fee.
Cancellations made within seven (7) calendar days of the scheduled Presentation are non-refundable.
One reschedule request may be permitted if requested at least seventy-two (72) hours before the scheduled Presentation time. Additional rescheduling requests may be denied or subject to additional fees at PKS’s discretion.
Failure of attendees, clinics, staff members, or participants to attend the Presentation does not qualify for refunds, credits, partial refunds, or fee reductions.
Attendance
Presentation pricing is not based upon attendee participation levels and is not adjusted based upon the number of attendees who attend or fail to attend the Presentation.
Unless otherwise agreed upon in writing, Presentation pricing includes up to one hundred (100) attendees expected to attend the live Presentation. If the purchaser anticipates attendance in excess of one hundred (100) attendees, additional fees or revised pricing may apply and will be communicated by PKS in advance.
Clinic Highlight Materials
If a clinic wishes to include photographs, logos, videos, testimonials, slides, or other media within a clinic highlight segment of the Presentation, such materials must be submitted to PKS no later than seven (7) calendar days before the scheduled Presentation date.
PKS does not guarantee inclusion of materials submitted after this deadline.
To maintain the educational structure and timing of the Presentation, clinic highlight segments should generally remain under five (5) minutes in duration, with a preferred duration of approximately two (2) minutes.
Recording and Redistribution Restrictions
Except for third-party or clinic-submitted materials, Presentations, slide decks, educational materials, recordings, consultation materials, graphics, downloadable resources, and related content created by PKS are the intellectual property of PKS and IVKS.
No attendee, clinic, participant, purchaser, or third party may record, reproduce, distribute, retransmit, publish, screenshot, share, modify, sell, commercially exploit, or redistribute Presentation content without prior written consent from PKS.
Unauthorized recording, copying, or redistribution may result in legal action.
Technology Disclaimer
PKS is not responsible for delays, interruptions, technical failures, or inability to access Presentation Services caused by circumstances beyond its reasonable control, including but not limited to internet outages, Zoom platform interruptions, software malfunctions, third-party service disruptions, equipment failures, or power outages.
If technical issues attributable solely to PKS materially prevent reasonable completion of the Presentation, PKS may, as the purchaser’s sole remedy, reschedule the Presentation at a mutually agreeable time.
Independent Entity Disclaimer
PKS and IVKS operate independently from clinics, providers, organizations, or attendees who purchase or participate in Presentation Services.
A clinic’s purchase of Presentation Services does not create any partnership, employment relationship, ownership interest, agency relationship, endorsement, supervisory relationship, or legal affiliation between PKS and the clinic.
PKS and IVKS shall not be liable for clinic operations, patient care, business practices, advertising, professional conduct, treatment decisions, legal matters, licensing issues, regulatory compliance, malpractice claims, or the acts or omissions of any clinic, attendee, provider, or third party, except to the extent directly caused by PKS’s own breach of these Terms or misconduct where liability cannot be disclaimed by law.
Promotional Mentions
Unless otherwise agreed by PKS in writing prior to the Presentation, PKS reserves the right to reference, discuss, or promote its own educational platforms, products, services, programs, memberships, or resources during the Presentation.
4. Limitations of Liability
To the fullest extent permitted by law, Process Ketamine Studio, LLC (“PKS”), IV Ketamine Support (“IVKS”), and their respective owners, officers, directors, employees, contractors, affiliates, licensors, suppliers, agents, representatives, presenters, speakers, and service providers shall not be liable for any damages arising out of or related to the use of, inability to use, reliance upon, misuse of, interpretation of, or participation in the Services, educational materials, training programs, Presentation Services, webinars, consultations, downloadable resources, digital materials, protocols, websites, or related content.
This limitation includes, without limitation, damages for:
loss of profits;
loss of revenue;
loss of business opportunities;
business interruption;
loss of data;
loss of goodwill;
reputational harm;
emotional distress;
professional damages;
licensing complaints;
regulatory actions;
malpractice claims;
disciplinary proceedings;
incidental damages;
indirect damages;
special damages;
punitive damages; or
consequential damages,
even if PKS, IVKS, or an authorized representative has been notified orally or in writing of the possibility of such damages.
PKS and IVKS are not responsible for:
patient outcomes;
treatment decisions;
clinical implementation;
therapist conduct;
provider conduct;
clinic operations;
advertising practices;
business practices;
professional services performed by users;
or any acts or omissions of third parties.
Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, certain portions of these limitations may not apply to you.
To the fullest extent permitted by law, the total cumulative liability of PKS or IVKS for any claim arising out of or relating to the specific Service giving rise to the claim shall not exceed the total amount actually paid by the user for that specific Service.
5. Accuracy of Materials
The materials appearing within the IVKS and PKS websites, educational materials, training programs, webinars, consultations, Presentation Services, downloadable resources, protocols, and related content could include technical, typographical, photographic, informational, clinical, educational, or other errors.
PKS and IVKS do not warrant that any materials provided through the Services are accurate, complete, reliable, current, error-free, or applicable to every individual, clinic, professional setting, jurisdiction, or factual circumstance.
PKS and IVKS may make changes, revisions, updates, modifications, deletions, or improvements to the materials contained within the Services at any time without notice.
However, PKS and IVKS have no obligation to update, correct, revise, monitor, or maintain any materials, educational content, training materials, Presentation Services, protocols, webinars, consultations, or website information.
6. Links
PKS and IVKS have not reviewed all websites, platforms, services, or external resources linked to or referenced within the Services and are not responsible for the contents, accuracy, policies, practices, security, legality, or availability of any such linked websites or third-party services.
The inclusion of any link, reference, recommendation, integration, or third-party platform does not imply endorsement, sponsorship, approval, partnership, or affiliation by PKS or IVKS unless expressly stated otherwise.
Use of any linked website, third-party platform, software, provider, clinic, or external service is entirely at the user’s own risk.
PKS and IVKS shall not be liable for any damages, losses, claims, liabilities, data breaches, business interruptions, professional issues, or other consequences arising from the use of any third-party websites, services, integrations, software, or external resources.
7. Modifications
PKS and IVKS may revise, modify, update, discontinue, replace, or amend these Terms of Service, the Services, educational materials, training programs, Presentation Services, webinars, consultations, memberships, pricing, website content, or related offerings at any time without notice.
By continuing to access or use the Services after any revisions become effective, you agree to be bound by the then-current version of these Terms of Service.
It is the user’s responsibility to review these Terms periodically for updates or changes.
8. Privacy Policy
PKS and IVKS respect your privacy. By using the Services, including the websites, training programs, webinars, consultations, memberships, Presentation Services, downloadable materials, and related offerings, you agree to be bound by the PKS and IVKS Privacy Policy, which is expressly incorporated into these Terms by reference.
All information collected through the Services is handled as non-clinical consumer, customer, member, purchaser, attendee, or user data, and not as Protected Health Information (“PHI”) provided to PKS in a covered healthcare capacity.
PKS’s and IVKS’s non-clinical educational Services are not offered as covered healthcare services, and PKS and IVKS do not undertake Business Associate obligations through these Services unless expressly agreed in a separate written agreement.
Users should avoid sharing confidential patient information, protected health information, or sensitive clinical information during webinars, consultations, Presentation Services, support communications, or other interactions with PKS or IVKS.
While PKS and IVKS take reasonable measures to protect user information, no method of electronic transmission, storage, or internet communication can be guaranteed to be completely secure.
9. Intellectual Property
The websites, Services, and all related content created or owned by PKS or its licensors (collectively, the “Content”) are the property of Process Ketamine Studio, LLC (“PKS”), IV Ketamine Support (“IVKS”), or their licensors, suppliers, publishers, presenters, contractors, or other content providers, and are protected by applicable copyright, trademark, trade dress, intellectual property, and other proprietary laws.
This includes, without limitation:
graphics;
logos;
branding;
trademarks;
service marks;
interface design;
website layout;
educational materials;
slide presentations;
webinars;
Presentation Services;
consultation materials;
downloadable resources;
videos;
recordings;
audio;
text;
blog posts;
training programs;
protocols;
software code;
course materials;
menus;
product names;
product descriptions;
educational frameworks;
written materials;
designs;
color schemes;
graphics packages;
images;
animations;
and all other materials contained within the Services.
You are not entitled to use, reproduce, modify, distribute, publish, display, retransmit, exploit, license, sell, or otherwise utilize any intellectual property belonging to PKS or IVKS without prior written permission.
Subject to your compliance with these Terms, PKS and IVKS grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, internal, and non-commercial educational use of the Content and Services.
This license does not permit you to:
i. resell or commercially exploit the Services or Content;
ii. reproduce, duplicate, distribute, republish, retransmit, display, or publicly perform any Content;
iii. create derivative works from the Content;
iv. use the Content to develop competing educational products, trainings, consultations, or commercial services;
v. download, copy, scrape, extract, or otherwise collect account information, user information, or Content for the benefit of any third party;
vi. use data mining, robots, scraping tools, artificial intelligence training tools, automated extraction systems, or similar data gathering or extraction methods;
vii. record, screenshot, photograph, share, publish, retransmit, or redistribute webinars, Presentation Services, slide presentations, consultation materials, or educational recordings without prior written consent from PKS;
viii. remove copyright notices, trademarks, proprietary notices, watermarks, or branding from any Content.
All rights not expressly granted to you in these Terms are reserved and retained by PKS, IVKS, and their licensors, suppliers, publishers, presenters, rightsholders, contractors, and content providers.
No Content within the Services may be reproduced, duplicated, copied, sold, resold, visited, distributed, licensed, or otherwise exploited for any commercial purpose without prior express written consent from PKS.
You may use the Services only as permitted by law and these Terms. The licenses granted to you automatically terminate if you fail to comply with these Terms.
The Services may contain logos, trademarks, intellectual property, software, content, media, educational materials, or proprietary information belonging to third parties not affiliated with PKS or IVKS. You are solely responsible for complying with all legal obligations, intellectual property rights, licenses, permissions, and usage restrictions applicable to any third-party intellectual property displayed, referenced, or incorporated within the Services.
You agree to indemnify, defend, and hold harmless PKS and IVKS from and against any claims, liabilities, damages, losses, costs, or expenses arising from your misuse, infringement, unauthorized use, or improper distribution of any intellectual property or proprietary information accessed through the Services.
10. Copyright Infringement
PKS and IVKS have in place procedures regarding allegations of copyright infringement occurring through the Services, including the websites, educational materials, webinars, Presentation Services, training programs, downloadable resources, and related content.
PKS and IVKS reserve the right to immediately suspend, restrict, terminate, remove, disable, or investigate access to any user account, materials, content, or activity that is alleged or determined to infringe upon the intellectual property rights of PKS, IVKS, or any third party, or otherwise violate applicable intellectual property laws, regulations, or these Terms.
PKS and IVKS may investigate any allegation of copyright infringement or intellectual property misuse brought to their attention.
If you have evidence, knowledge, or a good faith belief that your copyright, intellectual property rights, or the rights of a third party have been violated and you want PKS or IVKS to remove, disable, edit, restrict access to, or investigate the material in question, you must provide PKS and IVKS 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 allegedly infringed;
(b) identification of the copyrighted work or intellectual property claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(c) identification of the material claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to permit PKS or IVKS to locate the material;
(d) information reasonably sufficient to permit PKS or IVKS to contact you, including your name, mailing address, telephone number, and, if available, an email address;
(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 intellectual property owner, its agent, or the law;
(f) a statement that the information provided in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
To be effective, notifications of claimed infringement must be submitted to PKS and IVKS at:
tracy@processketaminestudio.com
PKS and IVKS reserve all rights and remedies available under applicable intellectual property laws.
11. Copyright
Unless otherwise indicated, the contents of the Services, including but not limited to the websites, educational materials, training programs, webinars, Presentation Services, consultations, downloadable resources, graphics, videos, recordings, written materials, software, branding, and related content, are © 2026 Process Ketamine Studio, LLC. All rights reserved.
12. Trademarks
All trademarks, service marks, trade names, logos, branding, product names, presentation names, slogans, and related marks used in connection with the Services, including IV Ketamine Support (“IVKS”), Process Ketamine Studio (“PKS”), websites, educational materials, webinars, Presentation Services, and related offerings, are the property of PKS, IVKS, or their respective owners.
No license or right to use any trademarks, service marks, logos, branding, or trade names is granted without prior written permission from PKS or the applicable owner.
13. Indemnity
You agree to indemnify, defend, and hold harmless Process Ketamine Studio, LLC (“PKS”), IV Ketamine Support (“IVKS”), and their respective subsidiaries, affiliates, licensors, content providers, presenters, speakers, contractors, employees, agents, officers, directors, representatives, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, judgments, settlements, awards, losses, costs, expenses, attorney’s fees, expert witness fees, regulatory actions, licensing complaints, investigations, or causes of action arising out of or related to:
(i) your breach or alleged breach of these Terms;
(ii) your use or misuse of the Services, educational materials, Presentation Services, webinars, consultations, downloadable resources, protocols, or related content;
(iii) your violation of any applicable law, regulation, licensing requirement, ethical obligation, or professional standard;
(iv) your infringement, misuse, unauthorized use, reproduction, distribution, or exploitation of intellectual property or proprietary information;
(v) your professional services, business operations, advertising practices, clinical decisions, patient care, supervision, treatment implementation, or professional conduct;
(vi) any act or omission by you or your agents, employees, contractors, representatives, clinics, or affiliates; or
(vii) any claim brought by a third party arising out of your use of the Services or reliance upon information accessed through the Services.
The foregoing indemnification obligations are in addition to, and not in lieu of, any other disclaimers, limitations of liability, or protections set forth in these Terms.
PKS and IVKS reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of any such claim.
14. Governing Law
These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law rules that would require application of another jurisdiction’s laws.
The Parties expressly agree that California law shall govern regardless of the user’s location, residency, place of business, or location of access to the Services.
15. Arbitration
(a) Mandatory Binding Arbitration and Class Action Waiver
To the fullest extent permitted by law, you and Process Ketamine Studio, LLC (“PKS”) agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, IV Ketamine Support (“IVKS”), ProcessKetamineStudio.com, IVKetamineSupport.com, training programs, webinars, consultations, Presentation Services, downloadable resources, educational materials, memberships, products, purchases, refunds, scheduling, or any related offerings shall be resolved exclusively by final and binding arbitration in Los Angeles County, California, under the California Arbitration Act, California Code of Civil Procedure §§ 1280–1294.4 (the “CAA”).
YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL ACTION.
The arbitrator, and not any court, shall have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, formation, validity, unconscionability, or arbitrability of this arbitration agreement, consistent with the CAA.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
References to the CAA are intended to include any successor statutes, amendments, or replacement provisions.
(b) Jurisdiction
The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in Los Angeles County, California, with respect to this Section to:
compel arbitration;
confirm, enforce, modify, correct, or vacate an arbitration award or order;
obtain provisional remedies;
or handle court functions expressly permitted under the California Arbitration Act.
The Parties irrevocably waive any defense of inconvenient forum, lack of personal jurisdiction, or improper venue regarding the maintenance of any such action or 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 regarding recognition or enforcement of such judgment.
(c) Federal Courts Waiver
To the fullest extent permitted by law, 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, confirm any arbitration award or order, seek provisional relief, or otherwise seek judicial aid or assistance relating to arbitration proceedings.
(d) Attorneys’ Fees
In any action, arbitration, or proceeding arising out of or relating to these Terms or the Services, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, arbitration fees, court costs, and related enforcement costs, to the extent permitted by law.