Create Your Brain State with Dr. Cathleen King, DPT
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Terms and conditions

CYBS Websites Terms of Use


Effective starting September 1, 2023, the revised terms of Create Your Brain State LLC, a Utah Limited Liability Company ("CYBS," "we," "us," "our"), govern the usage of our defined websites (referred to herein as "Websites"). Within these Terms of Use, the term "Websites" collectively encompasses www.PrimalTrust.org along with other websites operated by CYBS that link to these Terms of Use. In the context of these Terms of Use, "Interactive Areas" refer to online spaces within the Websites where users can engage in discussions, post comments, share content, and participate in various community-oriented features. These areas may include, but are not limited to, forums, chat rooms, messaging boards, and other platforms designed to encourage interaction among users. It's important to note that content shared or communicated within Interactive Areas is subject to these Terms of Use and any applicable guidelines or rules posted by Cathleen King or Create Your Brain State LLC ("CYBS"). Users are expected to engage respectfully and responsibly within these spaces, adhering to the principles of open and constructive communication.

  1. Your utilization of the Websites is contingent upon your agreement to these Terms of Use. Your utilization of the Websites is contingent upon your agreement to these Terms ("Terms of Use"), which we reserve the right to update periodically in accordance with Section 3 outlined below. Upon accessing and utilizing the Websites, you acknowledge and consent to be bound by these Terms and by CYBS's Privacy and Cookie Policy available here. If you disagree with these Terms or with CYBS's Privacy and Cookie Policy, you must refrain from accessing or using the Websites. Additionally, during the course of accessing the Websites, you will be subject to any applicable guidelines or regulations posted by CYBS or by Cathleen King on the Websites, which are subject to periodic posting and alteration. These guidelines and regulations are hereby integrated into these Terms by reference.
  2. Applicability of These Terms to the Services and Membership. Your access to and use of the products and services which we market for subscription on our Websites (our “Services”) are governed by these Terms and also by our Primal Trust™ Academy and Community Membership Agreement, available here (“Membership Agreement”). In case of conflict between any provisions of these Terms and the Membership Agreement, the conflicting provisions from the Membership Agreement shall prevail.
  3. Amendments to Terms. We reserve the right to modify these Terms, in whole or in part, which includes adding or removing terms, at any time. Such modifications, additions, or removals will take immediate effect upon being posted. Your continued use of the Websites subsequent to such posting will be considered as your acceptance of these modified, added, or deleted terms.
  4. Changes to Websites. At any point, we hold the prerogative to alter or discontinue any element, service, or feature of the Websites. This pertains to content, availability, and the equipment necessary for access and use, without limitation.
  5. Registration. You may be offered the chance to register either through an online registration form or by engaging in Interactive Areas. This registration creates a user account ("Your Account"), potentially enabling you to obtain information from us and/or participate in specific features on the Websites. The information you provide will be handled in line with our Privacy and Cookie Policy. Upon registering, you affirm that all information furnished is current, comprehensive, and accurate to the best of your understanding. You commit to maintaining and promptly updating this information on the Websites to ensure its accuracy and completeness. It is your responsibility to acquire and uphold all connectivity, computer software, hardware, and other requisites for accessing and using the Websites, along with any associated charges.
  6. User Content Guidelines: The subsequent clauses outline the terms governing content provided by you:
    1. Interactive Areas and User Content: The Websites may encompass Interactive Areas wherein you have the capability to view, post or upload user-generated content, such as comments, videos, photos, messages, and various materials (collectively referred to as "User Content"). Your utilization of Interactive Areas is solely at your own risk, and you are solely responsible for such use. These Interactive Areas are intended for individuals aged 18 years or older. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older.
    2. Content Restrictions: When submitting User Content or participating in Interactive Areas connected to the Websites, you agree not to upload, post, or transmit User Content that:
      1. Violates or infringes upon the rights of others, including statements that defame, harass, stalk, or threaten individuals.
      2. Contains knowingly false, misleading, or inaccurate information.
      3. Exhibits explicit offensive content, hate speech, abusiveness, vulgarity, or profanity.
      4. Poses a risk to personal or public safety.
      5. Lacks relevance to the designated topic or theme of the Interactive Area.
      6. Features unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation.
      7. Utilizes the likeness or name of an identifiable individual without their consent.
      8. Is protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express permission of the owner of said rights. The responsibility for determining whether User Content is protected by these rights lies with you. You will be solely liable for any harm resulting from copyright, trademark, trade secret, right of publicity, or other proprietary rights infringement, or any other harm arising from such submissions. CYBS reserves the right, at its sole discretion, to bar any person found to have violated CYBS's or others' intellectual property or rights from further access to the Websites.
    3. Representation and Endorsement: You agree not to imply, either directly or indirectly, that CYBS endorses your User Content.
    4. Harmful Components: You agree not to upload, post, or transmit User Content, software, or other materials containing viruses or other disruptive elements.
    5. Use of Technology: You agree not to employ any technology, service, or automated system to post more User Content within a given timeframe than an individual could reasonably upload. Similarly, you agree not to instruct any third party to utilize these services or technologies on your behalf. You agree not to use any service, technology, or automated system to artificially boost the page views your User Content receives. This encompasses pay-per-click services, web "robots," and any existing or future technologies. You also agree not to direct any third party to use these services or technologies on your behalf.
    6. Restrictions on Conduct: Any behavior that, at our sole discretion, obstructs others' use or enjoyment of the Websites is not permissible. We maintain the right to edit or remove User Content submitted by you.
    7. Content Accuracy and Risks: We are not accountable for the accuracy or credibility of User Content, and we assume no responsibility or liability for any actions taken based on the User Content read on the Websites. While using Interactive Areas, you may encounter content that is offensive, objectionable, harmful, inaccurate, or deceptive. Additionally, there may be risks when interacting with minors, individuals misrepresenting themselves, international trade matters, and foreign nationals. Through the use of Interactive Areas, you accept all associated risks.
    8. Monitoring and Editing: We retain the right (though not the obligation) to monitor User Content posted or uploaded to the Websites to ensure compliance with these Terms and any operational rules set by us, as well as to adhere to any legal obligations or authorized governmental requests. While we are not obliged to monitor, screen, edit, or remove any User Content, we reserve the right, with complete discretion, to screen, edit, reject posting, or remove User Content from the Websites without notice, at any time and for any reason. You are solely responsible for backing up and replacing any User Content posted on the Websites at your own expense. CYBS's decision to monitor or modify User Content does not create any responsibility or liability on our part concerning your use of Interactive Areas on the Websites.
    9. License and Waiver: By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, global right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works, incorporate into other works, distribute, sublicense (through multiple tiers), and otherwise exploit such User Content (in whole or part) through any present or future media, technology, or form, without any payment to you or third parties. Furthermore, you waive your moral rights in the User Content and agree not to assert such rights against us to the maximum extent allowed by applicable law. You affirm that you have the full legal authority to grant us the stated license and that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes outlined in this license. You also affirm that the User Content and the rights granted here do not breach these Terms or infringe upon any rights, including privacy, publicity, or other rights. You grant us the right (though not the obligation) to legally pursue any individual or entity that violates your or our rights in the User Content through a breach of these Terms.
  7. User Conduct Guidelines: The subsequent terms outline the conduct expected of you when accessing or using the Websites:
    1. You agree not to disrupt or interfere with the Websites, their servers, or the connected networks, and to comply with the requirements, procedures, policies, and regulations of said networks.
    2. You agree not to commercially exploit, reproduce, duplicate, sell, resell, or copy any portion of the Websites, access to the Websites, or usage of the Websites.
    3. You agree not to engage in activities that could result in criminal offenses or civil liabilities.
    4. You agree not to impersonate any individual or entity, including CYBS, its contractors, employees, or agents, nor falsely claim affiliation.
    5. You agree not to infringe on any other user's privacy rights, which includes collecting personally identifiable information about other Website users or disclosing private information about third parties.
  8. Intellectual Property Rights: The entirety of the Content, which includes processes, algorithms, methods, text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code ("Content"), presented on the Websites, including but not limited to the "look and feel," layout, design, structure, color scheme, selection, combination, and arrangement of the Content, is either owned by us or licensed to us. This Content is safeguarded by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws.

Unless expressly granted prior written permission by us or as permitted by applicable laws:

    1. You may not distribute, copy, reproduce, frame, mirror, publicly display, publicly perform, translate, transmit, re-publish, or create derivative works of the Websites or Content (in whole or part) for distribution, publication, or any commercial purpose, through any means or medium.
    2. You are permitted to display, copy, and download Content from the Websites solely for your personal and non-commercial usage. This must be done without removing any copyright or proprietary notices from the Content, refraining from copying or posting the Content on networked computers or publishing it through any medium, and without making modifications to the Content.
  1. DISCLAIMER: NO MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PREVENTION
    1. Even though Cathleen King, DPT, is a Licensed Physical Therapist, she is not offering Physical Therapy services through the Websites or its information, products and/or services.  In addition, although Cathleen often has the title “Dr.” in front of her name at times, she is a doctor of physical therapy, not to be confused with a medical doctor.
    2. THE INFORMATION, COACHING, CLASS INSTRUCTION, TOOLS/PRACTICES, FORUM COMMUNICATION, EMAIL COMMUNICATION, AND ALL CONTENT OF THE WEBSITES, INCLUDING BUT NOT LIMITED TO THE PRIMAL TRUST™ ACADEMY & COMMUNITY ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PREVENTION, OR FOR A PROFESSIONAL THERAPEUTIC RELATIONSHIP.
    3. All Information and use of Primal Trust™ tools are for self-development and lifestyle education only and must be applied at your own risk. This is not therapy. Neither Cathleen King nor Create Your Brain State LLC is responsible for information or techniques instructed by any other contractor/teacher/mentor/forum responder/volunteer, etc in the mentorship training or community platform.  All teachings, opinions and personal experiences are intended for educational purposes only and are not meant to be a substitute for medical or mental health instruction or intervention. 
    4. The Primal Trust™ Academy & Community Products and Services, which can consist of training, courses, coaching, mentorship, or any advised protocol, are for educational purposes only and are not intended to diagnose, treat or cure, or prevent any health condition, ailment or disease, or mental, emotional or physical trauma. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call 911 immediately. The Products or Services are not directly treating “trauma” or “mental health conditions” even though these terms might be used as common conditions resulting in a chronic stress response.  You agree to use your own due diligence and judgment before applying any advice or recommendations made in the Primal Trust™ Information throughout the Products and Services or any other person's services and instruction in the mentorship and community, and you acknowledge that you take full responsibility for your health, life, and wellbeing, as well as the health, lives, and wellbeing of any dependents.
    5. Disclaimer concerning all Primal Trust™ Community contracted, employee & volunteer Mentors, Coaches, and Class guides: NO MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PREVENTION: The Mentors/Coaches independent contractors, teachers or any volunteering for Create Your Brain State, LLC are NOT offering medical or mental health therapeutic services through their coaching, forum responding, or class offerings. THE FORUM DISCUSSION, MENTORING/ COACHING, CLASS INSTRUCTION AND OFFERINGS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR FOR A PROFESSIONAL THERAPEUTIC RELATIONSHIP. The information given is not for diagnosis or treatment of any health condition. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call 911 immediately. You agree to use your own due diligence and judgment before applying any advice or recommendations made throughout any Create Your Brain State, LLC Products and Services, and/or by associated Mentors/Coaches/Volunteers/Teachers and you acknowledge that you take full responsibility for your health, life, and wellbeing, as well as the health, lives, and wellbeing of any dependents.  All teachers and volunteers are acting as your peers, sharing their opinions and insights, rather than official direction or therapy of any kind.  Create Your Brain State, LLC is not responsible for any advice or information given by any Mentors/Coaches/Volunteers/Teachers as it is all educational/ peer-based opinion and sharing of information only, and guidance given by any mentor/coach/volunteer does not necessarily represent the views Dr. Cathleen King or the Create Your Brain State, LLC company.
    6. This training or mentorship and any advised protocol is for educational purposes only and is not intended to be used for diagnosis or treatment of any health condition or mental, emotional, physical trauma. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call 911 immediately. You agree to use your own due diligence and judgment before applying any advice or recommendations made throughout the Products and Services or any other person's services and instruction in the mentorship and community, and also acknowledge that you take full responsibility for your health, life, and wellbeing, as well as the health, lives, and wellbeing of any dependents.
    7. If you suffer from, or suspect you suffer from, any kind of psychiatric or psychological disorder including clinical depression, you should only use the Websites in consultation and supervision of your Doctor or other qualified Medical Practitioner.
  2. ADDITIONAL DISCLAIMERS; LIMITATION OF LIABILITY:
    1. YOU EXPLICITLY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES IS SOLELY AT YOUR OWN RISK. CYBS, ITS AFFILIATED ENTITIES, THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS DO NOT GUARANTEE THAT THE USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, NO WARRANTY IS PROVIDED CONCERNING THE RESULTS THAT MIGHT ARISE FROM THE USE OF THE WEBSITES, NOR IS THERE ANY ASSURANCE REGARDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE MADE AVAILABLE THROUGH THE WEBSITES.
    2. THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF TITLE, OR THOSE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES THAT ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED AS PER THE LAWS APPLICABLE TO THESE TERMS.
    3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CYBS, ITS FUTURE PARENT OR AFFILIATED COMPANIES, SHALL NOT BE HELD LIABLE TO YOU FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, THE COST OF SUBSTITUTE GOODS OR SERVICES, DATA LOSS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE, TECHNOLOGICAL MALFUNCTION, OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. SUCH DAMAGES MAY ARISE FROM CAUSES OF ACTION RELATED TO THE USE OF THE WEBSITES, ALLEGED PERFORMANCE FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL BASIS FOR LIABILITY, WHETHER BREACH OF CONTRACT, NEGLIGENCE, TORTIOUS BEHAVIOR, OR ANY OTHER CAUSE OF ACTION. THIS LIMITATION EVEN APPLIES IF CYBS, FUTURE PARENT, OR AFFILIATED COMPANIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FURTHERMORE, YOU ACKNOWLEDGE THAT CYBS AND ITS FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR THE ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
    4. IF APPLICABLE LAW DOESN'T ALLOW THE ENTIRETY OR A PART OF THE ABOVE LIMITATION OF LIABILITY TO BE APPLIED TO YOU, THE LIMITATIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
    5. WE COMPLETELY DISCLAIM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITES, YOU ACKNOWLEDGE AND CONSENT TO OUR DISCLAIMER OF SUCH LIABILITY. IF YOU DISAGREE WITH THIS DISCLAIMER, YOU SHOULD REFRAIN FROM ACCESSING OR USING THE WEBSITES.
  3. Indemnification: You agree to protect, indemnify, and hold CYBS, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Websites. CYBS retains the right to assume exclusive defense over any claim that falls under our entitlement to indemnification as stated in this section. If such a scenario arises, you shall cooperate with CYBS as reasonably requested.
  4. Termination: We reserve the right to terminate or suspend these Terms at any time without prior notice to you. Moreover, we retain the authority to immediately terminate your access to the Websites if we, at our sole discretion, deem your conduct unacceptable or if you breach these Terms. The provisions outlined in Sections 2 and 5-14 will continue to apply even after the termination of these Terms.
  5. Governing Law: All disputes, claims, and controversies arising from or related to your use of the Websites, the provision of content, services, and technology on or through the Websites, will be exclusively governed and interpreted according to the laws and rulings of the State of Utah. This choice of law is without regard to its conflict of law principles.
  6. Copyrights and Copyright Agent: We uphold the intellectual property rights of others and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a manner that constitutes copyright infringement, kindly notify admin@primaltrust.org promptly to initiate a takedown procedure. We hold the right to terminate the access of users or customers who post materials that infringe upon the intellectual property rights of others.
  7. Dispute Resolution
    1. Informal negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
    2. Litigation venue and jurisdiction. If for any reason, a Dispute proceeds in court, the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Utah, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
    3. In no event shall any Dispute brought by either Party related in any way to the sites be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
    4. Exceptions to the Informal Negotiations.  The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then such Dispute shall be decided by a court of competent jurisdiction located in the State of Utah, and the Parties agree to submit to the personal jurisdiction of that court, and the Parties waive all defenses of forum non-conveniens with respect to venue and jurisdiction in such Utah courts.
  8. Miscellaneous: These Terms, along with any operational guidelines established by us for the Websites, constitute the complete agreement between the parties concerning the subject matter at hand and override all previous written or verbal agreements between the parties pertaining to this subject matter. The provisions within these Terms are designed for the benefit of CYBS, its affiliates, and its third-party content providers and licensors, each of which holds the right to assert and enforce these provisions directly or on its own behalf.

No waiver by either party of any breach or default under these Terms shall be construed as a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction determines any portion of these Terms to be invalid or unenforceable, it shall be substituted with language that aligns with the original intent in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.

The section headings provided herein are included for convenience and carry no legal significance.

These Terms were most recently updated on September 1, 2023.