Disclaimer & Waiver
ONE DIVIDE® is the exclusive owner, and licensee of the content, products, and services (“information” and or "content") offered on the ONE DIVIDE® website and retains all proprietary rights in and to such information and or content, including all Copyrighted © material, registered trademarks (wordmarks and or logo marks) filed with the United States Patent and Trademark Office (USPTO), and other proprietary information of ONE DIVIDE®, and its licensors. Information and or content made available or presented in the public domain by ONE DIVIDE® is done with “limitations.” Granted to personal contexts only whereby you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information; and with full limitations regarding all commercial usage(s) or academic and or institutional usage(s), except for which explicit written permission is granted.
ONE DIVIDE® is a registered (USPTO) trademark and is synonymous with the terms and additional identification markers such as the registered (USPTO) logo mark as demonstrated below and any or all its creative variations. ONE DIVIDE® is associated or intellectually conjoined to EMOTIONAL WARFARE®, a registered (USPTO) trademark. ONE DIVIDE®, EMOTIONAL WARFARE®, and the presented logo mark(s) below are inextricably linked, intellectually representative, and or visually demonstrative of the brand identity and or marketing the business "entity" of One Divide Management, Inc., the Corporation DBA: ONE DIVIDE, an officially formed, registered, and recognized Corporation in the United States.
LIMITATION OF LIABILITY
AND LIABILITY DISCLAIMER
ONE DIVIDE® (i.e., One Divide Management, Inc. (the "Corporation"), with full transferred rights and ownership of any and all intellectual property (I.P.) associated, created, established or filed with the USPTO under the entity of One Divide Management, LLC) 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 — or any and all "materials" (e.g., books, digital books, downloadable pdf or "information" and or “content” provided on the official ONE DIVIDE® website (onedivide.com) or sold elsewhere on third party platforms (e.g., ONE DIVIDE® EMOTIONAL WARFARE® books or "book series" sold on Amazon e-book platform), 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® (the Corporation) 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® (the Corporation) liability to you for any cause whatsoever, and regardless of the form of the action, will always be limited to the amount paid, if any, by you to ONE DIVIDE® (the Corporation) for the services; in this context, all services are considered "non-refundable" purchases. Furthermore, any purchasable "materials," "books" or "e-books" (i.e., sold "products" and or purchased "items") produced by One Divide Management, Inc. (the Corporation) and or sold under the ONE DIVIDE® brand are wholly "non-refundable," and the buyer(s) will purchase these products and or items at their discretion. On behalf of itself, its partners, licensors, and suppliers, ONE DIVIDE® (the Corporation) disclaims: 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, or the purchasing of its (the Corporation) products or items.
You, with this agreement, agree to indemnify and hold harmless ONE DIVIDE® (the Corporation), 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, ONE DIVIDE® EMOTIONAL WARFARE® books or "book series," and services in violation of this agreement or arising from a breach of this agreement.
DIGITAL CORRESPONDENCE NOTIFICATION
Digital correspondence or file sharing with One Divide Management, Inc., the Corporation, or ONE DIVIDE® involving sensitive information or the delivery of confidential documents, materials, forms, et cetera takes place through security enhanced (or encrypted) third party services or ONE DIVIDE® organization business platforms hosted by third parties such as (but not limited to) ONE DIVIDE® / DocuSign Business or ONE DIVIDE® / Dropbox Business.
ONE DIVIDE® takes actionable steps to ensure data sharing intelligence expands throughout the organization. Including all email correspondence(s) in general and precisely when involving sensitive information or an individual's confidential or Private Health Information (PHI) or information relating to or directly involving private or confidential or personal (non-public) information provided within One Divide's services will utilize an encrypted "end-to-end" secure email system that meets all industry or legal compliance requirements: ONE DIVIDE® secured correspondence powered by Virtru
- Client-side encryption protects emails before they leave end-users’ devices.
- No third party, including email provider and Virtru, has access to content.
- Encryption keys protect emails and attachments.
- The platform provides all industry certifications, standards, and compliances: HIPAA, CJIS, FERPA, CCPA, GDPR, and other REGULATIONS.
AND WAIVER (1 OF 2)
RE: ONE DIVIDE® designated services conducted "in-person" or "online," e.g., virtually conducted via third party platforms, e.g., ONE DIVIDE® / Zoom Business; ONE DIVIDE® / Google Meets: 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 conflict abatement strategies within the context and scope of ONE DIVIDE'S Educational Platform and approach, considered as, "Philosophical Counseling or Consulting." ONE DIVIDE'S Platform, Philosophical approach, and Philosophical Psychology, also called its "methodology," stem exclusively from ONE DIVIDE'S (or the Corporation’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 a proxy to ONE DIVIDE®: 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 which has the desire and willingness to help you accomplish your agreed-upon individual goals.
ONE DIVIDE'S Professional Consulting Services are grounded in a proprietary philosophical approach that is universally applicable and spans numerous fields and industries. Additionally, these services operate within the field commonly known as "Philosophical Counseling and or Consulting," and, in general, within the Field of Philosophical-Psychology and more broadly within the Field of "Self-Improvement Techniques" (which at present, is an unregulated industry). Of importance, while counselors working on behalf of ONE DIVIDE® (the Corporation) are licensed Psychologists, Consultants working on behalf of ONE DIVIDE® may not be licensed or may not be licensed by the state whereby the services are rendered or conducted — or involve participants within the above-designated services connecting from differing "locations." For example, "online" or virtual meetings or counseling or consultations conducted by ONE DIVIDE may involve participants in different locations or regions or different states, countries, or nations. 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 they 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 by ONE DIVIDE® are (considered to be) provided in the State of Montana. ONE DIVIDE'S (or the Corporation’s) services involve sharing sensitive, personal, and private information that may at times be distressing. During the implementation of the ONE DIVIDE® 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.
The ONE DIVIDE® EMOTIONAL WARFARE Education Platform and its Counseling and Consulting Services use the Philosophy of One Divide's Methodology produced exclusively through the following: ONE DIVIDE'S Proprietary Theory of Emotional Warfare and pattern-seeking device; The Dual-Transactional Behavior Model (DTBM); and the resulting predictive structural analytics. These elements provide a detailed understanding of how to (1) examine one's life and (2) move past emotional issues and conceptual barriers to (3) gain self-expertise and beyond these areas come to understand the mechanisms involved within both personal and interpersonal forms of human conflict with the purpose to learn how to build human (psychological) unity. This process allows for an individualized and advanced identification of the Intra-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-Psychological Platform, the "ONE DIVIDE® Method," will assist you ("counselee") towards (but not limited to) achieving defined goals through developing enhanced intra- and interpersonal conversational context-building and navigation techniques: the practice of True Self agency and efficacy, leading to advanced levels of Self-Expertise, Emotional Intelligence, and Social Intelligence.
All interactions with the ONE DIVIDE® EMOTIONAL WARFARE Education Platform and its consulting services are strictly confidential. This confidentiality includes and may extend beyond the following examples:
- Scheduling of or attendance at appointments
- Content of the consultations (i.e., "sessions")
- Progress within ONE DIVIDE Philosophical-Psychological Platform, whether through "in-person" or "online" counseling or consultations or in combination.
- Implementation of the ONE DIVIDE® Method assisted by a ONE DIVIDE® Consultant or Counselor
- All records: if any are developed or kept whether in written form or digitally or depicted visually, et cetera
EXCEPTIONS TO CONFIDENTIALITY
ONE DIVIDE® (the Corporation) provides its Consultants or Counselors the opportunity (at times) to work as a team. Your Consultant or Counselor may confer 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 the clear and imminent danger of harm to self and or others, the Consultant 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 or require a Consultant or Counselor to testify in a court hearing or, if subpoenaed, for deposition. If at the cause of the legal processes undertaken, the counselee will be held liable for all legal fees associated with or incurred by a ONE DIVIDE® Consultant or Counselor or other persons involved on one divide's behalf or in proxy for ONE DIVIDE® (or the Corporation).
FOR FURTHER CONSIDERATION
In consideration of the nature and full scope of behavioral phenomena to which ONE DIVIDE® (the Corporation) or the EMOTIONAL WARFARE® Education Platform and ONE DIVIDE® Counseling and Consulting Services are applied: The counselee may find these services augment or react with any existing psychological therapy. Or other “therapies” if they are currently being treated by another professional in the Medical, Psychological, or Mental, or Behavioral Health Fields. ONE DIVIDE'S EMOTIONAL WARFARE Education and its Counseling and Consulting Services are not intended to substitute medical advice to diagnose or treat mental conditions. Alternatively, they are not intended to substitute existing medical 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 their existing Mental Health Providers in matters relating to the individual's physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention, or treatment. By purchasing or entering into this 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 existing 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. When working with a ONE DIVIDE® Consultant rather than a Counselor — I hereby acknowledge the following:
- My consultant is not licensed by the State of Montana or any other state.
- For all legal purposes, services provided by ONE DIVIDE® (whether conducted through my Consultant and or Counselor will be (considered as) provided in the State of Montana.
- I understand and agree that I am fully responsible for my well-being during my ONE DIVIDE® Consultations.
- And during and after my ONE DIVIDE® Consultations, all my choices and decisions are mine alone.
- I understand that these services are not a substitute or to be utilized alongside existing Psychotherapy, Psychoanalysis, Mental Health Care, Substance Abuse Treatment, or any other similar intervention.
- I will not use these services in place of any form of therapy I am currently undergoing without all parties explicit knowledge and consent.
- I understand that all comments and ideas offered by my ONE DIVIDE® Consultations Counselor or Consultant are solely to assist me in achieving my goals.
- I have the intellectual and mental capacity and or abilities to give informed consent.
- I hereby give such consent to my ONE DIVIDE® Consultation(s) Consultant and or Counselor to assist me in achieving such goals with full acknowledgment of the following, overarching premises, that may expand when or if necessary, by ONE DIVIDE® (the Corporation) or depending on any or all unique circumstances that may arise during my ONE DIVIDE® Consultation(s):
- I understand that to the extent our work together involves career or business matters, my ONE DIVIDE® Consultation(s) Counselor or Consultant is not promising any specific outcomes, including but not limited to personal satisfaction or professional success such as increased clientele, profitability, or business success.
- I understand that I cannot provide education or information about EMOTIONAL WARFARE or the ONE DIVIDE® Methodology indirectly or directly within business-to-business marketing or branding or brand identity strategies.
- I understand that all ONE DIVIDE® Consultation(s) materials, such as books, essays or "EMOTIONAL WARFARE® ESSAY COLLECTION" PRESENTATIONS, blogs, workbooks, illustrations, et cetera, produced by ONE DIVIDE® Consultation(s) or on behalf of ONE DIVIDE® Consultation(s), and their contents are copyrights of ONE DIVIDE® or One Divide Management, Inc, the Corporation DBA: ONE DIVIDE. 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®.
- I recognize that ONE DIVIDE®, EMOTIONAL WARFARE®, and logo-mark are Registered Trademarks with The United States Patent and Trademark Office (USPTO). 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, Inc. the Corporation DBA: ONE DIVIDE and any “usage” — commercial or commercially related, or any non-commercially related purposes involving public consumption or to promote one’s self to consumers or publicly — without its express prior written permission is strictly prohibited.
- I understand that my ONE DIVIDE® Consultation(s) Counselor 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 ONE DIVIDE® (the Corporation) will take necessary actions, and my confidentiality agreement is limited in this capacity. Furthermore, if my ONE DIVIDE® Consultation(s) Counselor or Consultant is ordered by a court to provide information or to testify, I understand that he or she or they (in accordance with the Corporation’s responsibilities) will do so to the extent the law requires.
- I understand that the use of technology is not always secure. Despite the earnest efforts of ONE DIVIDE® to protect or secure all electronically shared confidential documents and or private information or operate within secure digital messaging or email platforms — and, I accept the risks to confidentiality in the use of email, text, phone, and other technology.
WAIVER (2 OF 2)
ONE DIVIDE® "MASTER AGREEMENT INVOICE"
With full understanding of the information and content provided above: I hereby release, waive, acquit, and forever discharge my ONE DIVIDE® Consultation(s) Counselor or Consultant, One Divide Management, Inc. the Corporation DBA: ONE DIVIDE 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 (1) claim to have or (2) that I may have arising from acts or omissions by myself or by my ONE DIVIDE® Counselor or Consultant because of the advice given by my ONE DIVIDE® Counselor or Consultant or otherwise resulting from the Counseling or Consulting relationship outlined in this agreement. I further declare that no promise, inducement, or terms of "agreement" not expressed in this agreement have been made to attain my consent to this agreement. I also have complete knowledge that my consent to this agreement is "given" or "authorized" through my execution or paying the stated amount within the initial (first) One Divide Management, Inc., the Corporation DBA: one divide issued invoice ("Balance Due").
With a complete understanding of the above statements: I hereby acknowledge that all ONE DIVIDE® invoices issued are specifically designed to work in conjunction with this agreement, and have been provided all the information or content of this "Disclaimer" with full or unrestricted access via the official ONE DIVIDE® website (onedivide.com). Moreover, I will be and or have been provided the opportunity to discuss with a one divide representative the following items:
- All invoices are officially generated and sent by One Divide Management, Inc., the Corporation DBA: ONE DIVIDE.
- All invoices correspond directly to this "agreement."
- All invoices correspond directly to the information found on this "Disclaimer."
- The services I am purchasing combine the content outlined in these items labeled “A,” “B,” “C,” and “D” to establish a wholly binding "Master Agreement Invoice."
Notwithstanding, this executed ONE DIVIDE® Master Agreement Invoice (produced by One Divide Management, Inc., the Corporation DBA: ONE DIVIDE) shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
With a complete understanding of the above statements:
- I, at this moment, acknowledge all fees for all ONE DIVIDE® "in-person" or "online" designated services (i.e., Personal-Level Counseling/Consulting Services; Professional-Division Consulting Services; Professional Division: Conflict Strategy & Negotiation Services) are non-refundable.
- I, at this moment, acknowledge all fees may and or will be invoiced separately from any and or all of the “information” or “content” presented and or provided online and hosted by the official ONE DIVIDE® website (onedivide.com) and made accessible through the dedicated web page titled “Disclaimer," and as stated clearly in the above content outlined as the "items" labeled "A," "B," "C," and "D" that establish the wholly binding Master Agreement Invoice; and as indicated on all distributed ONE DIVIDE® invoice(s) generated by One Divide Management, Inc., the Corporation DBA: ONE DIVIDE, these fees, and the invoicing of these work directly (or in conjunction) with this Disclaimer.
- I, acknowledge at this moment, the ONE DIVIDE® Disclaimer and any of its "information" — or its "content" — may be amended, revised, or updated when necessary, to stay concurrent with industry standards and or state or federal “compliance” regulations. Moreover, ONE DIVIDE® (One Divide Management, Inc., the Corporation DBA: one divide; registered in the State of Montana, and recognized as a business "entity" within the United States) reserves the right to amend, revise, or update the ONE DIVIDE® Disclaimer when necessary or with the implementation of new organizational standards, policies, protocols, and or new corporate practices.
- I, at this moment, acknowledge and agree to the following: I will pay all fees and or the full amount of the fees stated as (or considered to be) the "Balance Due" noted in the first or initial ONE DIVIDE® Consultation(s) Invoice (i.e., "retainer" for services) before the designated ONE DIVIDE® service(s)begin; and understand fully that this payment is necessary for any or all ONE DIVIDE® services to commence.
- I, at this moment, acknowledge that once I (the "purchaser") make the total payment satisfying the first or "initial" ONE DIVIDE® Consultation(s) invoice — or I "pay" in full the "owed fees," stated in (or what is considered to be) the “Balance Due” shown in the officially generated and or distributed ONE DIVIDE® invoice — the execution of the payment itself (and or the successful processing of this payment by One Divide Management, Inc., the Corporation DBA: ONE DIVIDE) duly binds the purchaser, wholly, to the ONE DIVIDE® Master Agreement Invoice.