Disclaimer & Waiver
ONE DIVIDE® is the exclusive owner and/or licensee of the content, products and services (“Content”) offered on the ONE DIVIDE® website and retains all proprietary rights in and to such Content, including all copyrighted material, registered (USTO) trademarks, and other proprietary information of ONE DIVIDE®, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Limitation of Liability and Liability Disclaimer
ONE DIVIDE® and its agents, representatives, partners, suppliers or licensors shall not be liable to you for damages or loss arising from your use of the services, including without limitation to incidental, consequential, or other indirect damage, whether based on tort, bodily injury, death, lost revenue or otherwise, regardless of whether ONE DIVIDE® was advised of the possibility of such losses in advance and notwithstanding any failure of essential purpose of any limited or exclusive remedy of any kind. Notwithstanding anything to the contrary contained herein, ONE DIVIDE® liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ONE DIVIDE® for the services. On behalf of itself, its partners, licensors and suppliers, ONE DIVIDE® disclaims any and all liability for special, incidental or consequential damages (including bodily injury or death) arising from or related to this agreement or your use of any services.
You hereby agree to indemnify and hold harmless ONE DIVIDE®, its subsidiaries, affiliates, officers, agents, licensors, partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website, Content and services in violation of this Agreement and/or arising from a breach of this Agreement.
Client Disclaimer and Waiver
Re: One Divide’s designated services: Personal Level Counseling Consultations and Consulting Services; Professional Division Consulting Services; Professional Division: Conflict Strategy & Negotiation Services
One Divide’s Educational Platform, Counseling and Consulting Services provide objective intelligence about intra- and interpersonal human conflict and how to achieve well-being through behavior-pattern identification and processing and recognition of Emotional Warfare, its Pattern(s) and their “Interplay.” One Divide’s services are a confidential process designed to help you address your concerns, come to a greater understanding of yourself and learn effective personal and interpersonal coping and/or conflict abatement strategies within the context and scope of One Divide’s educational platform and approach, which can be considered “philosophical counseling or consulting.” One Divide’s platform, philosophical approach and philosophical psychology, also called its “methodology,” stem exclusively from One Divide’s proprietary theory of Emotional Warfare. The overall objective of these services is to assist the individual in achieving his or her stated goals and attaining advanced levels of self-expertise, emotional intelligence and social intelligence, making the individual able to participate meaningfully in his or her societal groups while elevating the collective consciousness of others. Purchasing these services through One Divide involves a relationship between you and a trained “Consultant” or “Counselor” operating as proxy to One Divide (i.e., a philosophical counselor or consultant who is a practitioner of the Philosophy of One Divide and holds expertise in the field of Emotional Warfare as outlined in the theoretical framework) who has the desire and willingness to help you accomplish your agreed-upon individual goals.
One Divide’s services are centered in the field of self-improvement techniques; these services are grounded in a philosophical approach, commonly known as “philosophical counseling and/or consulting,” and, in general, within the field of “self-improvement techniques”; this is, at present, an unregulated industry. While Counselors working on behalf of One Divide are licensed psychologists, Consultants working on behalf of One Divide are not licensed by the state of California or any other state. In addition to training/certification in One Divide’s philosophical practice and methodology, One Divide’s philosophical Counselors hold a minimum of a master’s degree in a mental health area from a recognized graduate program and are licensed in the state in which they practice. This includes but is not limited to licensed mental health counselors, licensed professional counselors, licensed clinical social workers, clinical psychologists and marriage and family counselors. For all legal purposes, the services provided One Divide are considered to be provided in the state of California. One Divide’s services involve sharing sensitive, personal and private information that may at times be distressing. During the process of implementing One Divide’s Emotional Warfare Education platform and its Counseling and Consulting Services, there may be periods of increased anxiety or emotional confusion for the participant. The outcomes of these services are most often positive; however, “set outcomes” and the level of satisfaction for a given individual, personally and/or professionally, are not entirely predictable, as goals and levels of efficacy vary from client to client.
One Divide’s Emotional Warfare Education and Counseling and Consulting Services use the Philosophy of One Divide's methodology, produced exclusively through One Divide's proprietary theory of Emotional Warfare and pattern-seeking device, the Dual-Transactional Behavior Model (DTBM), and the resulting predictive structural analytics to provide a detailed understanding of how to examine one’s life and move past emotional issues and conceptual barriers to gain self-expertise and understand human conflict to build human unity. This process allows for an individualized and advanced identification of the interplay of Emotional Warfare and personalized adaptive behavior mapping while providing education about Emotional Warfare as a means of intervention. In this way, and within One Divide’s philosophical approach, you (“Counselee”) are assisted with achieving defined goals through developing enhanced intra- and interpersonal conversational context-building and navigation techniques: the practice of True Self Efficacy, leading to advanced levels of self-expertise, emotional intelligence and social intelligence.
All interactions with One Divide’s Emotional Warfare Education platform and its Consulting Services, including scheduling of or attendance at appointments, content of the consultations (i.e., “sessions”), progress within One Divide’s philosophical approach and its counseling and/or consultations and implementation of One Divide’s methodology, assisted by a One Divide Consultant and/or Counselor, and your records — if any are kept, whether in written form or depicted visually, etc. — are confidential.
Exceptions To Confidentiality
- One Divide’s Consultants or Counselors may at times work as a team. Your Consultant and/or Counselor may confer with another team member or members or professional affiliate(s) to provide the best possible information. These team consultations are for professional and training purposes.
- If there is evidence of clear and imminent danger of harm to self and/or others, the Consultant and/or Counselor you are working with is legally required to report this information to the authorities responsible for ensuring safety.
- A court order, issued by a judge, may require the One Divide Consultant, Counselor or additional Consulting Services team member(s) or professional affiliate(s) to release information contained in records and/or require a Consultant or Counselor to testify in a court hearing and/or, if subpoenaed, for deposition. The Counselee, if at cause of the legal processes undertaken, will be held liable for all legal fees associated with and/or incurred by a One Divide Consultant or Counselor or other persons involved on One Divide’s behalf or in proxy for One Divide.
For Further Consideration
In consideration of the nature and full scope of behavioral phenomena to which One Divide’s Emotional Warfare Education and Counseling and Consulting Services can be applied, the Counselee may find these services augment or react with any existing psychological therapy or therapies if they are currently being treated by another professional in the medical, psychological and/or mental or behavioral health fields. One Divide’s Emotional Warfare Education and its Counseling and Consulting Services are not intended as a substitute for medical advice, to diagnose or treat mental conditions and/or to substitute existing therapy methodology provided by a physician, psychologist or licensed mental health care provider. The Counselee is encouraged to consult a physician or mental health provider, or refer to his or her existing providers, in matters relating to his or her physical or mental health, particularly with respect to any symptoms that may require diagnosis or medical attention or treatment. By purchasing and/or entering into an agreement with One Divide whereby a fee is agreed upon and expected, you confirm that you have read and agree to each statement and that you wish to proceed:
- I understand that the services I will be receiving from One Divide are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions or disorders. I also understand that if I am working with a Consultant, he or she is not acting as a licensed mental health counselor or a medical professional.
- I understand that these services provided by One Divide are considered to be philosophical counseling, consulting or practitioner services within the field of “self-improvement techniques” and are, at present, an unregulated industry. I therefore understand that if I am working with a One Divide Consultant rather than a Counselor, my Consultant is not licensed by the state of California or any other state. I also understand that for all legal purposes, the services provided by my Consultant and/or Counselor will be considered to be provided in the state of California.
- I understand and agree that I am fully responsible for my well-being during my One Divide consultations and thereafter, and all my choices and decisions are mine alone.
- I understand that these services are not a substitute for psychotherapy, psychoanalysis, mental health care, substance abuse treatment or any other similar intervention, and I will not use these services in place of any form of therapy I am currently undergoing.
- I understand that all comments and ideas offered by my One Divide Counselor and/or Consultant are solely for the purpose of assisting me in achieving my goals. I have the ability to give informed consent, and I hereby give such consent to my One Divide Consultant and/or Counselor to assist me in achieving such goals.
- I understand that to the extent our work together involves career or business matters, my One Divide Counselor and/or Consultant is not promising any specific outcomes, including but not limited to personal satisfaction and/or professional success such as increased clientele, profitability and/or business success. I understand that I am not permitted to provide education or information about Emotional Warfare or One Divide’s methodology indirectly or directly within business-to-business marketing and/or branding or brand identity strategies.
- I understand that all One Divide presentations and materials, such as books, essays or essay series presentations, blogs, workbooks, illustrations, etc. produced by One Divide or on behalf of One Divide, and their contents are copyrights of One Divide Management, LLC. All rights are reserved. I will not distribute, use, reproduce or commercially exploit the content of these presentations, or any part thereof, except with express written permission from One Divide Management, LLC. I recognize that One Divide®, Emotional Warfare® and logo mark are registered trademarks with the United States Trademark Office (USTO). All related information, copyrighted © materials, trade names and other intellectual property based on the Philosophy of One Divide® and theory of Emotional Warfare® are the official property of One Divide Management, LLC and cannot be used without its express prior written permission.
- I understand that my One Divide Counselor and/or Consultant will protect my information as confidential unless I state otherwise in writing. If I report child or elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my One Divide Counselor and/or Consultant is ordered by a court to provide information or to testify, I understand that he or she will do so to the extent the law requires.
- I understand that the use of technology is not always secure, and I accept the risks to confidentiality in the use of email, text, phone, and other technology.
- I hereby release, waive, acquit and forever discharge my One Divide Counselor and/or Consultant, One Divide Management, LLC and any proxies, agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising from acts or omissions by myself or by my One Divide Counselor and/or Consultant as a result of the advice given by my One Divide Counselor and/or Consultant or otherwise resulting from the counseling and/or consulting relationship outlined in this agreement. I further declare that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns and agents.
All fees for One Divide’s designated services (i.e., Personal-Level Counseling/Consulting Services; Professional-Division Consulting Services; Professional Division: Conflict Strategy & Negotiation Services) are non-refundable and invoiced separately from this form. All fees noted in the initial invoice (i.e. “retainer”) must be paid in full, unless otherwise negotiated and reflected in the initial invoice (e.g., “master agreement invoice”), before the designated services begin.