Terms of Use

The purpose of the Academy of Neurologic Music Therapy® is to uphold and maintain the integrity of best practices of the Neurologic Music Therapy® (NMT™) system of standardized techniques thereby safeguarding both the consumers of NMT™ and the public at large. As a Professional Affiliate of the Academy, practicing within the Neurologic Music Therapy® system of techniques and principles, you have the capacity to profoundly improve the lives of others and benefit from the Academy's dedicated efforts to ensure excellence in the field. The principles of Neurologic Music Therapy® are of exceptional value and warrant protection. These terms and conditions are essential to preserving the integrity of NMT™ for future generations. This contract grants you the privilege to be part of a distinguished group, allowing you to practice as a Neurologic Music Therapy® professional and a Professional Affiliate of the Academy of Neurologic Music Therapy®.

The Academy of Neurologic Music Therapy®, Inc. (the Academy) provides licenses based upon the professional affiliation that is involved. The individual participant completing the NMT™ training or otherwise accepted for registration (the “Affiliate”) receives a license and rights that vary based upon which professional affiliation is involved. This is the agreement that governs what the Affiliate, and for some, an Associated Business, agree to and may use and publicly display once an Affiliate successfully completes the training, their applicable professional affiliation begins, and their registration is accepted. It is a legal agreement between:

1) the Affiliate individual as the registration establishes the professional affiliation involved;

2) for some professional affiliations, an entity through which the Affiliate may choose to conduct some of their professional affiliation-authorized activities as set forth herein (an “Associated Business”) (the Affiliate and any Associated Business they list together referred to as “Licensee” or “Licensees”); and

3) The Academy (or the “Licensor”) who provides professional affiliations and/or products, teaches courses, and through which the Affiliate and any Associated Business obtains license rights, for Licensor’s benefit.

This agreement governs the use of the family of Neurologic Music Therapy® trademarks and copyrights, and the NMT™ trademarks and copyrights, some registered, some not, associated copyrights, and those other proprietary rights of the Licensor that are licensed by this agreement. So that Affiliate can understand them, the collection of proprietary rights involved are available upon request and may be displayed at https://nmtacademy.co/neurologic-music-therapy-academy-inc-intellectual-property-listing/ (collectively, the “NMT™ Intellectual Property”). This listing and other terms may be updated from time to time and the Affiliate, and any Associated Business agree to those updates to the extent not unreasonable. By clicking “I AGREE”, Affiliate and any Licensor approved Associated Business(es) obtain licenses and accept the terms of this agreement as a legally binding contract. If Affiliate does not agree with these terms, Affiliate cannot register.

By this agreement, Affiliate becomes licensed to use some associated NMT™ Intellectual Property based upon their particular professional affiliation. For some affiliations, as explained below, this is what gives the Affiliate the rights to call themselves things such as an NMT™ and the right to tell others that Affiliate is an NMT™ professional affiliate. What is licensed to the Affiliate (and, for some, an Associated Business) varies by the professional affiliation involved. Broken out based on the professional affiliation involved, the Licensor identifies what the Affiliate and any Associated Business is licensed to do, what the Affiliate and any Associated Business agrees to do, and highlights some things that cannot be done; these details are available upon request and may be displayed at https://nmtacademy.co/terms-and-condition. The Affiliate should request and/or read these details carefully for their professional affiliation.

The terms of this license detail the only rights granted, based on the professional affiliation completed, and all other rights are expressly reserved. No rights other than what is granted for the applicable professional affiliation are licensed; any other uses of any item of NMT™ Intellectual Property are not appropriate and are not licensed. For Affiliates with Associated Businesses, the person signing represents and warrants that they have the authority to bind that entity. If the person signing cannot bind the entity or entities listed, another person will need to sign.

Regardless of the professional affiliation involved:

Affiliate and any Associated Business understand and agree that in the event Affiliate or any Associated Business creates any derivative works, any items that the Licensor, in its reasonable discretion, believes might potentially create any possibility of confusion or be meaningfully similar to, or believes at all based upon, any transformation of, or to any degree adapted from items in any of the Neurologic Music Therapy® principles or materials, believes to be an alteration of any of such materials, and/or creating use of any terms believed to be similar, other than the precisely licensed uses above, each and any such items inures to the benefit of the Licensor, is agreed to be owned by and is hereby assigned (together with any associated goodwill) to the Licensor without any expansion or alteration of the scope or extent of the rights granted above.

Affiliate and any Associated Business agree not to adopt, use, register, or seek to register nor will Affiliate or any Associated Business enable or assist others in adopting, using, registering, or seeking to register any mark that the Licensor in its reasonable discretion, believes might potentially create any possibility of confusion with any of its other marks, be they registered or unregistered. Affiliate and any Associated Business acknowledge: that the Licensor’s terms are trademarks, not statutory “certification marks”, and that the Licensor’s trademarks are uniquely and exclusively owned and controlled by the Licensor; and acknowledge the validity of all trademarks and copyrights listed or asserted by the Licensor and acknowledge all Affiliate’s past, present, and future uses of the NMT™ Intellectual Property inure to the benefit of Licensor.

Use of NMT™ Intellectual Property: It is agreed that every use by an Affiliate or any Associated Business of any licensed NMT™ Intellectual Property under any professional affiliation will be in accordance with the Licensor’s usage policies available upon request and that may be displayed at https://nmtacademy.co/terms-and-conditions, and as such may be updated from time to time. Affiliate agrees to maintain the quality of those services Affiliate provides under the NMT™ brands in full compliance with the requirements of all applicable licensing authorities, in accordance with the highest of professional standards in the industry, in accordance with the Neurologic Music Therapy® principles, and with the reasonable standards the Licensor provides from time to time. For purposes of assuring compliance with the relevant standards, Affiliate and any Associated Business agree to promptly provide upon request of Licensor or its representatives, copies of all uses and factual information (certified as to accuracy) so as to enable the Licensor or its representatives to understand and inspect at reasonable times the services Affiliate provides and/or that are provided through any Associated Business, and agree to provide to Licensor samples of all literature and other materials bearing or distributed using or based on any NMT™ Intellectual Property.

Miscellaneous: Affiliate and any Associated Business acknowledge, agree, and accept that: (1) these terms and conditions, together with: the license(s) (depending on professional affiliation(s) completed, more than one license may be granted), usage policy, item listing, and other aspects referenced, constitute the entire license agreement going forward between Affiliate, any Associated Business, and the Licensor regarding this subject matter; and (2) this license Agreement also applies to any past activities, licensing, sourcing, purchasing, and uses of any NMT™ Intellectual Property regardless how established. No modification by Affiliate or any Associated Business to the terms or any additional authorization will be binding unless authorized by one of the two most senior Licensor corporate officers in writing. Licensor’s other officers, employees, contractors, instructors, and sales representatives are not authorized to modify this license agreement or grant any additional authorization. Any express waiver or failure to exercise any right under the terms will not create a continuing waiver or any expectation of non-enforcement. The provisions of this license Agreement are separate and severable, and if any of them is declared invalid and/or unenforceable by a court of competent jurisdiction or an arbitrator, the remaining provisions shall not be affected, and such shall be modified to the smallest extent necessary to render it valid and enforceable, and to enforce the provision as modified. Should Affiliate or any Associated Business breach or fail to comply with any term of this license agreement, the Licensor may terminate any continuing license of rights and shall have the right to terminate this license agreement upon thirty (30) days notice to Affiliate or any Associated Business, provided that Affiliate or any Associated Business have or has not corrected such breach during such period and promptly certified such correction to the Licensor and Licensor has accepted such certification in writing as curing such breach. Upon termination of this license Agreement for any reason, Affiliate and any Associated Business agree to discontinue all uses of any licensed NMT™ Intellectual Property and any derivative works within 30 days of termination and all license rights are hereby revoked, however, in the event of any such termination, all other terms, including but not limited to all terms with respect to non-use, validity, and arbitration, shall continue. Affiliate and any Associated Business agree to jointly and severally indemnify, hold harmless, and defend Licensor against all claims, liability, damages and expenses, including reasonable legal fees, incurred as a result of or related to any claim, whether threatened or pending, by any person in any way involving Affiliates’ and/or Associated Businesses’ use of any NMT™ Intellectual Property.

The Licensor warrants that any intellectual property rights initially licensed as part of this license agreement are, to the best of its knowledge, owned solely by it, that it has the right to license such rights. THESE ARE THE ONLY WARRANTIES PROVIDED BY THE LICENSOR AND ALL RIGHTS PROVIDED UNDER THIS LICENSE AGREEMENT ARE PROVIDED “AS IS” WITH ALL FAULTS. THE LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO CASE SHALL LICENSOR, ITS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY IN TORT OR CONTRACT, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, UNDER ANY THEORY RELATING IN ANY WAY TO THIS LICENSE AGREEMENT, ANY SERVICES, ANY INFORMATION PROVIDED, OR THE COMMERCIAL RELATIONSHIP OF THE PARTIES, REGARDLESS OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS AND REGARDLESS OF THE COURSE OF DEALING BETWEEN THE PARTIES AND IN THE EVENT OF ANY LIABILITY, THE MAXIMUM LIABILITY SHALL BE THE TOTAL AMOUNT OF FEES PAID UNDER ANY APPLICABLE PROFESSIONAL AFFILIATION. LICENSOR SHALL BE RESPONSIBLE ONLY TO THE AFFILIATE; NO RESPONSIBILITY TO ANY THIRD PARTY SHALL BE CREATED. THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND THE REMEDIES SET FORTH ABOVE ARE THE AFFILIATE'S SOLE AND EXCLUSIVE REMEDIES. THE AGENTS, EMPLOYEES, DISTRIBUTORS, DEALERS, AND OTHER SUPPLIERS OF LICENSOR ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY OR ADDITIONAL WARRANTIES ON ITS BEHALF. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. SOME DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR ON INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Applicable Law, Arbitration: The validity and interpretation of this Agreement shall be governed by and construed in accordance with Colorado state law except as to copyright and other proprietary matters which may be covered or preempted by United States laws and international treaties or as otherwise specified in the license provisions. In the event of any violation of this agreement, Licensor reserves the right to pursue any state law remedies (including without limitation contractual remedies) or remedies under federal laws or both. If Affiliate is a governmental employee or entity, or if an Associated Business is a governmental organization, Affiliate and it/they are authorized to and agree to waive governmental immunity to any suit and/or liability arising hereunder. In the event any dispute occurs that: arises out of, relates to, or regards directly or indirectly: this agreement, any item of NMT™ Intellectual Property, any license rights, or any relationship between the parties, the parties agree to exclusively submit any such dispute, controversy, or claim to confidential binding arbitration in Larimer County, Colorado, to the fullest extent permissible under law, before a single attorney having experience in enforcement of licensed rights and who agrees to endeavor to enforce the parties’ contractual relationship according to its terms to the extent not unlawful. For persons and activities outside the United States, it is agreed that such enforcement shall be in accordance with the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards with intent that such enforcement be effective and benefit from reciprocal enforcement provisions under that convention and the like. Further, arbitration shall be conducted in accordance with applicable law and pursuant to the Federal Arbitration Act with the addition of any aspect on which the Colorado Arbitration Act is more permissive, and the Commercial Arbitration Rules (CAR’s) of the American Arbitration Association (AAA) with each applicable law modified for efficiency and: a) avoid the involvement of the AAA and with service by first-class mail and answer due 20 days thereafter without filing with the AAA, b) to provide for minimal party and non-party discovery and other pre-hearing procedures under the Colorado Rules of Civil Procedure consistent with a fair resolution of the dispute, c) to permit expedited preliminary and permanent injunctive relief, and d) to endeavor for the dispute to be resolved within 180 days of the arbitrator’s appointment. For further efficiency, unless extended by the Licensor, selection of the arbitrator shall be made within twenty days of service by two attorneys, one of which may be selected by each party. In the event the parties’ attorneys cannot select an arbitrator within such period, the Licensor shall have the right to select an arbitrator, and that selection shall be binding on all parties with arbitration to commence at such time thereafter as the Licensor shall direct. In the event any party needs to or takes any action to compel arbitration and is successful in any such regard, it shall be entitled to and shall be awarded its full attorney’s fees, costs, and expenses jointly and severally from every adverse party unless all parties consent to such arbitration prior to filing any request to compel arbitration. Further, in the arbitration, any appropriate award, including but not limited to injunctive relief if deemed appropriate, may be rendered by the arbitrator and may be entered in any court having jurisdiction thereof. In the arbitration itself, the prevailing party shall be entitled to recover reasonable attorney fees and costs incurred in such arbitration. In the event any claim or controversy arises which is not subject to binding arbitration under this section, the parties agree to submit to exclusive jurisdiction and venue for the resolution of such dispute in the District Court of Larimer County, Colorado, or to the extent necessary in federal court in the District of Colorado. In any arbitration or Court action, it is agreed that damages caused by a breach of this contract would be difficult to ascertain. As a result, should a breach of this contract or other wrongful action be found, Affiliate and any Associated Business agree, jointly and severally, to pay Licensor as liquidated damages, and not as a penalty, an amount equal to twenty percent of all Affiliate’s and Associated Business’s gross sales (without any double recovery) involving any services that have been visible to the public or other persons within any business as having been, to any degree, associated with, conducted, or promoted with any involvement or use of any licensed NMT™ Intellectual Property or with any use of any aspect of the NMT™ principles or system of techniques. Liquidated damages shall also include Licensor’s attorney fees and costs. Alternatively, and in lieu of Licensor’s liquidated damages, Licensor may elect to recover its actual damages resulting from any breach in accordance with Colorado law, in which case Licensor may seek an award of such actual damages.