Emotional Skills and Lie Detection for Negotiators and Lawyers

Terms and Conditions

  1. By using this website, you consent to the terms of use on this site that govern you, your organization (“collectively, you”) and Clark Freshman and Freshman Training, LLC (collectively “we” or “us”).
  2. We may amend or add new terms to the website from time to time, and you agree to be bound by those changes and/or additions.  You agree to check this site regularly to remain aware of such changes.
  3. This site is designed to provide general educational material and should not be relied upon for legal, medical or other advice.  Notwithstanding any other provision to the contrary, you agree that your sole remedy for any indirect, consequential, exemplary, special or punitive damages, including lost profits, shall be limited to the amount of money you have paid to us.
  4. By posting material here, you represent that the material is true and does not defame or otherwise infringe the rights of others and expressly agree to hold us harmless from any damage that may result from your postings, including paying our legal fees in defending ourselves and paying any settlement or judgment that may result from your postings.
  5. In exchange for posting your material, you grant, and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such formatting and content and to prepare derivative works of, or incorporate into other works, such information ad content and to grant and authorize sublicenses of the foregoing.  You represent and warrant that posting of your content will not infringe or violate the rights of any third party. You represent that you are authorized to act as an agent for any organization that you identify in blog posts, in subscribing to our newsletter and/or the organization that is identified in your email address (unless it is a commercial hosting service, such as Google or Yahoo!, with which you are not otherwise affiliated).
  6. If you believe that your work has been posted here in a way that violates your rights, then contact us with the following information: an electronic or physical signature; a description of the work you claim has been infringed.
  7. You agree that information that you learn from any of our products, such as publications, or seminars, whether live or otherwise, is disclosed to you in confidence with the expectation that you maintain it in confidence and not disclose it to others.
  8. In the event of any disagreement between us, you agree that you will resolve any differences in the federal and state courts in San Francisco, California, and you expressly waive any right to enforce any agreement to arbitration.  You consent to the personal jurisdiction of those courts.  You also consent to service by email to the address that you used to correspond with us in lieu of any more formal service of process.  We may change the location of the forum to reflect changes in our business, in the location of our key principals or employees, or for any other reason.  We may also change the form of dispute resolution.  In exchange for access to the material on this site and/or our services, you agree that this dispute resolution provision, and the attorney fees provision herein, as they may be modified from time to time shall govern all relations between us, not merely those involving this site nor disputes that arose prior to your use of the site.
  9. In the event of any dispute, you agree that the prevailing party shall be entitled to attorneys’ fees and those fees may include fees for persons who represent themselves, if they are licensed to practice law in California. You agree that the legal fees for Clark Freshman and for persons with similar years since law school and from law schools then ranked in the top 10 in U.S. News and World Report shall be $600 per hour, billed in increments of one-quarter hour.
  10. In the event any provision of this agreement is found invalid, the remaining parts shall remain in force.
  11. Spamming: you may not solicit sales of any  products or services, including by way of example, but not by limitation: listing a link to a page that advertises any product or service for which there is any charge whatsoever for any material on that site.  You agree that it may be difficult to calculate the damages caused by such posting and therefore agree that liquidated damage for every such post shall be $200 plus attorneys fees as defined in these terms of use.  You further agree that notice shall be complete by sending to any email at the site to which you attempt to add a link.  Because of the small amount involved in spamming, any claim related to this paragraph on spamming shall be subject to arbitration before a single arbitrator under the rules of the American Arbitration Association in San Francisco so long as the amount involves less than $1000.
  12. If you retain us for any work or register or attend or an event where we speak, then you agree that we may use the name and the name of your organization as a client in our website or any marketing materials.  Such marketing may include listing you as a representative client or describing the types of reasons for which people may seek our training and services in general, regardless whether you mentioned such reason specifically to us.  For example, we may say, “John Doe turned to Clark Freshman to see hidden emotions, detect lies, and reach better agreements.” This marketing provision is material to this contract and may not be waived unless in a writing signed and notarized by Clark Freshman.
  13. Contests.  If you submit any material for any contest you agree to the following: Freshman Training, LLC, shall be the sole and exclusive judge.  You agree that any story you submit shall be deemed a work for hire for copyright purposes, and Freshman Training, LLC, shall have the exclusive right to use it, and identify you, in any media at any time, including, without limitation: use in live or on line courses, use in books, whether in printed, or electronic form.
  14. Pricing.  Our prices vary for identical services and products, and you are not entitled to an adjustment in the price you paid based on prices charged to others.  In addition, our prices vary for members of certain groups and organizations, those of certain professions and incomes, and for other reasons.  The nonprofit or government employee rate is limited to those persons who are employed full-time by a government entity and also earn less than $100,000 a year in gross revenue or income from all sources.  If you register for special pricing, you agree to provide evidence that you meet the qualifications, such as membership, employment, income, or personal receipt of a discount code.  You may not use any discount code unless you personally received an invitation to use that discount code.  If you do not within 72 hours of our request, then you agree that we may charge your credit card for the full rate then in effect.
  15. Cancellation. If you cancel your registration for an event seven days or more prior to an event by phone to 3057997432 and email to clarkfreshman@clarkfreshman.com, then you may credit the entire amount you paid toward attendance at any future event that may be scheduled. We are not obligated to offer similar future events. If you cancel with less than seven days notice, then you may credit the entire amount you paid to any future event we may offer, less a cancellation charge of $100.
  16. We may change the location of training for an event to any location within 1.5 miles of the original location scheduled due to unavailability of the location, labor action, or any other reason whatsoever. If we do so, we will notify you at the email you used to register.
  17. Cancellation by Freshman Training. Events may be cancelled by Freshman Training due to illness of instructor, or instructor’s friends and family, labor action, or for any other reason. In the event of cancellation by Freshman Training of a particular event, then the full amount of registration shall be made if there is no other similar event scheduled within ten miles of the event cancelled within one year. Registrants agree that there shall be no other damages in the event of rescheduling or cancellation, such as costs of attending another event or other consequences.
  18. Webinar pricing is based on a single use for a single person. No part of the webinar may be recorded by any means whatsoever, and you agree that any such use constitutes willful copyright violation.
  19. The ability to view video in webinars varies with internet connection and type of computer. If you are not satisfied with video quality, you may attend one repeat webinar, if the same webinar is offered.