These Terms and Conditions describe The Family Behaviorist, LLC’s (“we,” “us” or “our”) agreement with you (whether acting in your individual capacity or on behalf of an entity, “you”), concerning your access to and use of the thefamilybehaviorist.com website as well as any other media form, social media, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You and we are sometimes referred to individually as a “Party” and collectively as the “Parties” throughout these Terms and Conditions.
The information provided on the Site is subject to various copyrights, and is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any person who chooses to access the Site from such locations does so on their own initiative, at their own risk, and is solely responsible for compliance with all applicable local law.
We provide consultation and parent training services through the Site. Although our staff includes behavior analysts certified by The Behavior Analyst Certification Board (BACB), the services or interventions provided through this Site are not behavioral in nature, and are not covered by BACB certification.
Consultation: Our consultation service consists of a quick meet and greet to ensure we are an appropriate fit for each other and that the needs of your family are within our scope and experience. We are not qualified to provide support with mental health issues such as depression, or major life changes such as divorce or a death in the family. If we determine we are not an appropriate fit, we will try to redirect to you a more appropriate option.
Parent Training: Once we have decided to work together, we will meet again to create a plan of action with measurable goals moving forward. We will help determine what data we need to collect, and prioritize our focus on designing short- and long-term goals. We will also establish, based on your preferences, a schedule to check in with each other moving forward.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the associated trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property and unfair competition laws.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, complete, and current (i.e., you will promptly update your registration information as necessary);
(2) you are at least 18 years of age, and have the legal capacity to provide your consent to and comply with these Terms and Conditions;
(3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(4) you will not use the Site for any illegal or unauthorized purpose.
You may use the Site only for lawful purposes, in accordance with these Terms and Conditions, and solely for the purpose for which we make the Site available. The Site may not be used in connection with any commercial endeavors, unless expressly approved by us in writing.
As a user of the Site, you agree not to:
· download or retrieve data or Content from the Site to create or compile, directly or indirectly, a collection, compilation, database;
· circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
· decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
· upload or transmit (or attempt to upload or to transmit) viruses, spyware, passive collection mechanisms, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
· delete the copyright or other proprietary rights notice from any Content;
· engage in unauthorized framing of or linking to the Site;
· interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
· use the Site to advertise or offer to sell goods and services;
· attempt to impersonate another user or person or use the username of another user;
· sell or otherwise transfer your profile;
· use any information obtained from the Site in order to harass, abuse, or harm another person; or
· disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
As a professional boundary, The Family Behaviorist, LLC and its staff will not accept invitations to connect or “friend requests” through any social media platform. Please refrain from such solicitations.
We may, however, use social media platforms such as Facebook, Twitter, Instagram, and YouTube to communicate information to our community. We encourage you to follow us on social media.
In addition to the terms and conditions of the third-party social media platform, These Terms and Conditions apply to your interaction with us through social media to the same extent they apply to your use of the Site. Any comments posted on our social media accounts will be routinely monitored, and may be disabled on certain posts. We require all comments, private messages, and other interactions through social media to be respectful and courteous, and we reserve the right to remove inappropriate comments including, without limitation the following:
· individually identifiable information of any person posted without their consent;
· obscene language or sexual content;
· threatening or insulting language directed at any person or organization;
· content promoting, fostering, or perpetuating discrimination on the basis of race, creed, color, age, religion, gender, marital status, financial status, national origin, physical or mental disability, or sexual orientation;
· promotion of illegal activity;
· copyrighted or confidential material posted without permission;
· spam, advertising, or solicitations;
· off-topic or disruptive remarks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites, social media platforms, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
We are not responsible for the practices or policies governing any Third-Party Content linked to or from our Site. Our inclusion of a link to Third-Party Content does not imply approval or endorsement of such content. If you elect to use a link to access another party’s website, application, or content, you do so at your own risk, and you will be subject to policies and practices of the owner of the Third-Party Content.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
We reserve the right, but not the obligation to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your ability to contribute to or access the Site or any portion thereof; and
(4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (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 90 days before initiating a formal legal action. Such informal negotiations shall commence upon receipt of written notice from the initiating Party by the other Party.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in New Haven, Connecticut, 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.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.
Notwithstanding the foregoing, the Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any 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.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FAMILY BEHAVIORIST, LLC, ITS LICENSORS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
You understand and agree that neither The Family Behaviorist, LLC nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Site, the Content, or the information resources contained or accessible through the Site. The access to and use of the Site and the Content is solely at your own risk. THE FAMILY BEHAVIORIST, LLC ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF DATA OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SITE. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms and Conditions, and the Site would not be provided to you absent such limitations.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising from or related to your use of the Site (including the Content), or your breach of these Terms and Conditions.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
From time to time, we may modify or update these Terms and Conditions at our sole discretion. We encourage you to review these Terms and Conditions frequently for such changes. These Terms and Conditions were last updated [INSERT PUBLICATION DATE].
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: