Terms of Use 

The following Terms of Use are entered into by and between You and Mark Dust, PhD (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of markdust.com, including any content, functionality and services offered on or through markdust.com (the “Website”), whether as a guest or a registered user.

Copyright & Content

All Rights Reserved

This website and its contents are protected by the copyright laws of The United States of America and international treaties to which The United States of America is a signatory. Except as otherwise provided for under copyright law, this website and its content may not be copied, published, distributed, downloaded or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.

Disclaimer

The information on this Website is provided as general information and does not replace the advice of medical professionals.

Privacy

We respect your privacy and comply with applicable U.S. and California privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), in the collection of personal information from you on our Website. Please see our full text of our Privacy Policy here.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

User Communication

The Website or its subdomains may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents.

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

Stimulus Response Training (SRT) Cancellation and Refund Policy

SRT is a live, four-week group training program. Because spots are limited and the curriculum builds sequentially, cancellation terms are structured accordingly.

Refund Window
You may request a refund of fifty percent (50%) of the program fee within forty-eight (48) hours after the conclusion of Session 1. After this window closes, all program fees are non-refundable, regardless of attendance, participation, or completion.

How to Request a Refund

Email mark@markdust.com with the subject line "SRT Refund Request" before the 48-hour window closes. Approved refunds will be processed to the original payment method within ten (10) business days.

Recordings
Live sessions will be recorded and made available to enrolled cohort participants as replays. Participants will retain ongoing access to these recordings as part of their enrollment. This access is subject to the continued availability of the hosting platform, the Company's continued operation, and circumstances beyond the Company's reasonable control. The Company reserves the right to migrate recordings to a different hosting platform at any time, and to discontinue access if continued hosting becomes commercially impracticable, provided the Company will make reasonable efforts to give at least thirty (30) days' written notice before doing so. If the Company ceases operations, the obligation to maintain access to recordings terminates. Replays are provided as a supplement to live participation. Missed sessions do not qualify for refunds, whether or not the participant views the recordings.

Cancellation by the Company
​​​​​​​If the Company cancels or postpones a cohort for any reason, enrolled participants will be offered either (a) enrollment in the next available cohort at no additional charge, or (b) a full refund of all fees paid for that cohort. This is the Company's sole obligation in the event of cancellation by the Company.

Workshops and Group Training Cancellation, Refund, and Rescheduling Policy

This policy applies to all workshop and group training engagements, including full-day workshops, half-day workshops, half-day foundations classes, and multi-session virtual programs (collectively, "Engagements").

Booking and Payment
A non-refundable deposit of fifty percent (50%) of the total Engagement fee is required to reserve the date. The remaining balance is due no later than fourteen (14) days before the Engagement Date. For multi-session Engagements, the "Engagement Date" refers to the date of the first scheduled session.

Travel Costs
For in-person Engagements, travel costs (including but not limited to airfare, ground transportation, lodging, and meals) are billed separately to the Client and are in addition to the Engagement fee. Once travel costs have been incurred by the Company, they are non-refundable regardless of any subsequent cancellation or rescheduling, and the Client remains responsible for reimbursement.

Cancellation by Client
If the Client cancels the Engagement, the following terms apply based on the date written notice of cancellation is received by the Company:

  • 30 or more days before the Engagement Date: The 50% deposit is forfeited. Any payments received toward the balance are refundable.
  • 15 to 29 days before the Engagement Date: The 50% deposit is forfeited. Fifty percent (50%) of any additional payments received toward the balance is refundable.
  • 14 or fewer days before the Engagement Date: The full Engagement fee is non-refundable.

In all cases, the Client remains responsible for non-refundable travel costs already incurred by the Company.

Cancellation of Multi-Session Engagements after Delivery has Begun
Once the first session of a multi-session Engagement has been delivered, no refunds will be issued for any subsequent sessions, whether canceled, missed, or unattended by the Client or its participants.

Rescheduling by Client
If the Client requests to reschedule the Engagement:

  • 30 or more days before the Engagement Date: One reschedule is permitted at no additional charge, provided the new date occurs within ninety (90) days of the original Engagement Date and is mutually agreed in writing. The Client remains responsible for any non-refundable travel costs already incurred and for any additional travel costs resulting from the rescheduled date.
  • Fewer than 30 days before the Engagement Date: A reschedule request will be treated as a cancellation under the schedule above, unless the Company agrees in writing to a reschedule. Any agreed reschedule remains subject to the Client's responsibility for incurred and incremental travel costs.

Cancellation or Rescheduling by the Company
If the Company cancels or reschedules the Engagement for reasons other than a Force Majeure Event, the Client will be offered either (a) a mutually agreed rescheduled date at no additional Engagement fee, or (b) a full refund of all payments received, including the deposit. Travel costs paid by the Client to the Company that have not yet been incurred will be refunded.

Force Majeure
Neither party will be liable for failure to perform due to events beyond reasonable control, including but not limited to natural disasters, severe weather, public health emergencies, government orders, acts of war or terrorism, labor disputes, or failures of essential infrastructure. If a Force Majeure Event prevents the Engagement, the parties will work in good faith to reschedule. If rescheduling is not possible within ninety (90) days of the original Engagement Date, the Client is entitled to a refund of payments made, less any non-refundable costs already incurred by the Company.

Recordings
Workshops are not recorded by the Company. Audio or video recording of any portion of an Engagement by the Client, its participants, or any third party is not permitted without the express prior written consent of the Company.

Health and Participation Acknowledgments

Certain programs offered by the Company, including Stimulus Response Training (SRT), require participants to review and affirmatively agree to a Participation Acknowledgment at the time of enrollment. The Participation Acknowledgment is presented at checkout and during program intake, and is incorporated by reference into these Terms of Use. By enrolling in any such program, you agree to be bound by the applicable Participation Acknowledgment in addition to these Terms of Use.

Testimonials

Any testimonials, reviews, or endorsements presented on this Website are the actual statements of participants or clients and reflect their individual experiences. Testimonials are not paid unless explicitly disclosed, and any material connection between an endorser and the Company (including but not limited to complimentary or discounted program access provided in connection with feedback) will be disclosed alongside the testimonial. Results described in testimonials are individual experiences and are not typical, average, or guaranteed. You specifically recognize and agree that no testimonial constitutes a promise, guarantee, or prediction of the results you or anyone else will obtain from any product, service, or program offered by the Company.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Jurisdiction

This agreement between you, the user, and Mark Dust, PhD shall be governed by, and interpreted in accordance with, the laws of the state of California and the laws of The United States of America applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the state of California in any proceeding related to this agreement.

Website Legal Disclaimer

The information on this Website operated by Mark Dust, PhD is for general information and education on nervous system regulation and chronic stress management. 

By visiting this Website, you have not retained Mark Dust, PhD to give professional advice and the information on the Website should not be considered a substitute for professional advice.

Mark Dust, PhD makes no warranty as to the accuracy, validity, timeliness or completeness of any information on this Website or any Website that can be accessed through this Website.

Mark Dust, PhD assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the inability to use this Website or the use, reliance upon, or performance of any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.

By using this Website, you agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for use or download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any action or program suggested or recommended on this Website.

Mark Dust, PhD is not responsible for any errors or omissions, or for the results obtained from the use of any information on this Website.

Mark Dust, PhD had made every effort to produce and represent the content and programs described on this Website. While we stand behind the research, there is no guarantee that you will experience the same results by simply purchasing our program. If results are presented on our Website and our other social media or email channels, we are showcasing exceptional results, which may not reflect the average experience. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our Website and content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. 

Any testimonials presented on this Website from past clients or customers of our products and services are actual and truthful statements.  By using this Website, you specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website.

Information on this Website may be changed or updated at any time without notice.

CONTACT INFORMATION

We welcome your questions about the Terms of Use and Legal Disclaimer. You can contact us here:

Mark Dust
mark@markdust.com

Mark Dust, Ph.D.
30450 Haun Road #1024
Menifee, California

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