Terms and conditions

AUTISTIC PHYSICAL THERAPIST CONSULTING AND EDUCATION, LLC 

TERMS OF USE

These Terms of Use (these “Terms”) govern your use of autisticphysicaltherapist.com (the “Site”), a website owned by Autistic Physical Therapist Consulting and Education, LLC, a California limited liability company (“Company”, “we”, “our”), which includes the Site and other online, digital services, tools, and data, and your purchase of products and other services provided by us through the Site (the “Online Services”).

These Terms, together with our Privacy Policy and other terms specifically referred to therein, form an agreement between the Company and you and set forth the terms and conditions upon which we make the Online Services available to you. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION AND LIMITATIONS ON THE COMPANY. BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR THE PRIVACY POLICY, DO NOT ACCESS OR USE ANY PART OF THE ONLINE SERVICES.

No Medical Advice or Treatment

The Site is intended to be an educational, information tool that helps facilitate communication and support. The Online Services do not include medical services. Information that you obtain from our Site, or from other users of our Site, should never replace professional medical advice or treatment. Use of our Site is not a substitute for medical care or for any treatment recommended to you by a professional healthcare provider.

If you have a medical emergency, call your doctor or 911 immediately. Do not use the Online Services. We have not designed the Site to handle or respond to medical emergencies and cannot contact you or anyone on your behalf with respect to your medical condition or treatment. 

YOU UNDERSTAND AND AGREE THAT THE SITE IS NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS, OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION OR TREATMENT. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE SITE.

Eligibility

The Site is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms at any time. The date of last modification is stated in the footer of these Terms. 

If you register an account and these Terms subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you by sending an email to the email address that you have provided to us. You will have no obligation to continue using the Online Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use will constitute your acceptance of the revised Terms.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users

To access some of the Online Services, you may be required to create an account or provide certain registration details and other information. It is a condition of your use of the Online Services that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

During registration, you will be asked to provide credit or debit card details to Stripe, an online payment processing service with a website at www.stripe.com. These payment details will be directly sent to Stripe and will not be stored in any way or form by Company. As your payment will be governed by Stripe, you should review their Terms of Use and Privacy Policy which govern your transactions. Company expressly disclaims liability for any issues between our users and Stripe, including but not limited to security breaches or credit card theft.

You are solely responsible for maintaining the confidentiality of your account or other registration information, as well as any and all activities that occur under your account or using your registration information. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password or other registration information, with or without your knowledge. You should use particular caution when accessing your account or submitting registration information from a public or shared computer so that others are not able to view or record your password or other personal information.

You may stop using your user account at any time without penalty. You may also delete your user account at any time within your account settings on the Site or by emailing a request to delete your account to iris@autisticphysicaltherapist.com. We have the right to terminate or suspend any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You will remain liable for any orders that you place or charges that you incur prior to termination or suspension. 

User Content 

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User including but not limited to professional information, testimonials, and reviews (“User Content”). By making available any User Content on or through the Site, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content by any means to promote, market or advertise, or for any other purpose in our sole discretion with the exception of private messaging, which will not be used by Company in public advertising. The license to use User Content granted by you to Company shall survive termination of the Site or your account. 

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Company may proofread, summarize or otherwise edit and/or withdraw User Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all User Content you create and submit to the Site and that you are the owner of such User Content, subject to the license rights granted in these Terms.

Company reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Users, or for any other reason.

Professional Account

Access to the Site is only available to registered physical therapists and other licensed healthcare professionals (“Professionals”) who have expressly agreed to these Terms of Use and our Privacy Policy. 

When you create an account as a Professional, you may provide additional information such as your professional credentials and other information about your business or personal information you choose to share. You may also provide details of your services in your user profile including social media account, website links, and contact information.

Once registered to Company Site as a Professional, you can purchase Products on the Site. All transactions will be conducted through Stripe, and payment information will not be stored in any way or form by Company. These payment details will be directly sent to Stripe and will not be stored in any way or form by Company. As your payment will be governed by Stripe, you should review their Terms of Use and Privacy Policy which govern your transactions. Company expressly disclaims liability for any issues between our users and Stripe, including but not limited to security breaches or credit card theft.

You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Site, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Company password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your account, and you will notify Company immediately of any unauthorized use. Company is not liable for any losses by any party caused by an unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of Company or others due to such unauthorized use.

Professionals Representations and Warranties

Professionals may purchase Products specific for use by Professionals. By registering or using the Online Services, Professionals represent and warrant that they are properly and fully qualified and experienced, licensed, certified, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services. Professionals understand and agree that by purchasing Company Products or registering a user profile for a Professional they are agreeing they are qualified to provide their professional services to their clients and apply information they received from the Products in accordance with their own professional judgment and within all applicable laws and standards. 

The Site offers Products to help Professionals expand their expertise and become more qualified. Courses and fees are listed on the Site. Company reserves the right to change such courses or fees at any time. Although Company endeavors to provide updated and helpful information in its courses and other Online Services, it cannot guarantee that all information disseminated through the Online Services is the most up to date or suitable for work performed by Professional. A clinician’s reliance on information and courses received from Company is at the Professional’s own risk, and therefore Professionals should use their best judgment when utilizing any information from Company.

Additional information about specific courses is listed on the Site, and Professionals should review such information in full prior to enrolling in or relying on any course on the Site. The courses have not been approved for continuing education unless noted in the course description. It is the responsibility of the Professional to determine whether a course complies with their specific applicable continuing education requirements. In addition, any Professional enrolled in a course still retains the independent professional decision making of a licensed healthcare professional. The training, and any patient specific discussion is for the sole purpose of disseminating knowledge and training, and not meant to dictate the specific treatment of any individuals. Company does not participate in supervision or any medical decision making or treatment. Medical decisions are the sole responsibility of the licensed clinician. 

Pricing, Payment, Changes to the Services

When a User purchases an on-demand webinar course, live webinar course, in-person course, digital materials, or other Online Services (“Products”), Users are obligated pay the entire amount upon registration or download. Our Online Services and pricing can be found on the Site. Products intended for Professionals use only are marked accordingly on the Site. 

All goods purchased are subject to a one-time payment. We use Stripe to process all payment transactions on our Site. Please ensure that you review and accept the Stripe Terms of Use before making a purchase on our Site, as we are not responsible for the practices or actions of this third-party service.

The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or to any third party for any changes or modifications to the Site, and/or any Online Services that we may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Site, the Online Services or any part or parts thereof, or your possibility to use or access the same.

We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Online Services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Online Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account 

Refund Policy

Live and In-Person Courses 

Live and in-person courses can be cancelled up until one week prior to the scheduled course date and you will receive a full refund.  If you forget to cancel within one week prior to the scheduled course or do not show-up, the class fee cannot be refunded.

If a live or in-person course is cancelled by the Company prior to scheduled course at any time up until the scheduled course you will receive a full refund. 

If you have purchased a live or in-person course and are unable to complete the course due to technical difficulties experienced by the Company, or due to illness or personal emergency experienced by the course instructor you will receive a full refund. 

On-Demand Courses or Downloaded Products

On-demand courses and downloaded Online Services cannot be refunded once purchased.  

Company is NOT to be held responsible for and will not provide a refund for any of the following:

1. User failing to attend a course and requesting a refund (when notice was not provided within one week for the scheduled live or in-person course).
2. Unsatisfactory performance of service by a course instructor.
3. Users’ inability to obtain continuing education credits for a course. 

Your Use of the Online Services

Subject to your strict compliance with these Terms, the Company grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Site in order to generate Content, view Content, share and download Content using the features of the Site where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Site or any part of the Site, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

 (iii) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Site or any Content appearing on the Site (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Site or, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on Company either from the account you were blocked from or any other account.

(vi) You must not use the Site to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

• any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;
• any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
• any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Online Services or servers or networks forming part of, or connected to, the Online Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Online Services; or
• any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that Company has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

These Terms of Use permit you to use the Site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: iris@autisticphysicaltherapist.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Online Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of Company do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our Online Services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Company, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

1. A description of the copyrighted work that you claim is being infringed;
2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
3. Your address, telephone number, and email address;
4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Our designated copyright agent to receive such claims can be reached at iris@autisticphysicaltherapist.com. 

We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement. 

Content Disclaimer.

A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") is available through the Online Services. Some of the Content is provided by Company or its suppliers, and other Content is provided by users, such as the Community features. While Company strives to keep the Content that we post accurate, complete, and up-to-date, the Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by users of our Online Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Company. Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Online Services, including, importantly, within the Community feature.

Company does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Online Services. Notwithstanding the foregoing, the Company will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

Assumption of risk

You use our Online Services at your own risk. There is no guarantee that using our Online Services will result in improving your health symptoms or other health concerns. 

The Company does not provide medical advice as part of the Online Services.

Although Company’s Online Services include courses, educational materials, and may contain blogs and newsletters on medical topics, we make no warranty whatsoever that any of this information is accurate. Even if a statement we make about medicine is accurate, it may not apply to you.

The medical information we write about is, at best, general and cannot substitute for the advice of a medical professional (like a qualified doctor/physician, nurse, or other healthcare provider). No one at the Company can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our Online Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.

The content of our Online Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

The Company does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Company employees, or others appearing in our Online Services is solely at your own risk.

Third Party Websites and Online Services

The Site may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or Online Services (hereinafter “External Online Services”).

The Company does not have or maintain any control over External Online Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Online Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or Online Services provided by such External Online Services.

External Online Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Online Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Online Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Online Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Online Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Online Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Online Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Online Services.

Disclaimer

THE SITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND ONLINE SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” 

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SITE, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SITE IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SITE.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SITE, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED ONLINE SERVICES OR OTHER EXTERNAL ONLINE SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE ONLINE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SITE WILL BE SECURE OR THAT ANY ELEMENTS OF THE ONLINE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE ONLINE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THESE TERMS.

YOUR USE OF THE SITE, ONLINE SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE ONLINE SERVICES OFFERED ON OR THROUGH THIS SITE; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE PROVIDERS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR PAYMENT DETAILS OR USE OF THE SITE. COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SITE. COMPANY SHALL NOT BE LIABLE FOR ANY SECURITY BREACH, CREDIT CARD FRAUD, IDENTITY THEFT, CREDIT/DEBIT CARD THEFT, LICENSE MISUSE, IMAGE/CONTENT MISUSE FOR BOTH USER AND VENDOR. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR ONLINE SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, OR ANY OTHER ONLINE SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

ALTHOUGHT NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

1. ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR RELIANCE ON THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SITE.

(B) YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL ONLINE SERVICES VIA THE ONLINE SERVICES.

(C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SITE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES.

(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SITE, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE ONLINE SERVICES.

(E) ANY ERRORS OR OMISSIONS IN THE ONLINE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT.

(F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL.

(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH.

(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE ONLINE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE. 

(I) ANY PRODUCTS THAT ARE DAMAGED OR LOST IN TRANSIT.  REPLACEMENT PRODUCTS WILL NOT BE PROVIDED IF DELIVERY TRACKING ONLINE SERVICES INDICATE THAT THE PACKAGE WAS DELIVERED.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE ONLINE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

Indemnification

You hereby agree to indemnify, defend, release and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, subsidiaries and shareholders from and against any and all claims, liabilities, obligations, damages, losses, expenses, and costs, including without limitation reasonable attorneys' fees and accounting fees resulting from:

(i) any violation by you of these Terms of Use 

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

(iii) Your User/Service provider content or collective content

(iv) the request or receipt or offer or provision of Online Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Online Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Site is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with California and European Union Privacy Law. Users accessing the Website from outside the United States do so at their own risk. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Online Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.

No Agency Relationship

These Terms of Use and your use of the Site do not create, and shall not be construed as creating, any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Site is intended for your enjoyment and benefit and the provision of the Site to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration.

Assignment to Third Parties

The Company may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any third party at any time without notice including without limitation, to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign these Terms or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of the Company.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Online Services and supersede any prior agreement between you and the Company. Any modifications to these Terms must be made in writing.

Third Party Rights

These Terms of Use are not intended to give rights to anyone except you and the Company. This does not affect our right to transfer our rights or obligations to a third party.

Force Majeure

Other than payment obligations, neither Company nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries

 You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Company on the Site, shall constitute the entire agreement between you and Company concerning the Site or Online Services obtained through the Site. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver

No waiver of any provision of this Terms shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Applicable Law and Jurisdiction

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN ALAMEDA COUNTY, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Contact Information

More information about Company is available by contacting iris@autisticphysicaltherapist.com.

ACKNOWLEDGEMENT

BY USING OR REGISTERING WITH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Updated: July 25, 2024