Last updated: July 17, 2024
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the marybarbera.com or turnautismaround.com Website (the “Website”), a(n) Limited Liability Company formed in Pennsylvania, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability.
Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
We offer digital products on this Website. The price of these digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
We may issue you a refund of the full purchase price that you paid if we cancel your purchase.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased.
Cancellation requests must be received at least 5 days prior to your next bill date to avoid future charges. Once your cancellation is submitted, you will retain access until the end of your current billing month or year.
High-touch coaching opportunities are by application only. Once payment is made, there are no refunds on high-touch coaching.
Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the digital products displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be refund. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month or 1 year, depending on the plan the user purchases.
There is no minimum purchase required to qualify for the subscription.
When you purchase a subscription on the Website, your subscription will automatically renew each month, or year, depending on the plan the user purchases. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Mary Barbera is a registered nurse and board-certified behavior analyst with a PhD in leadership, has studied autism and Applied Behavior Analysis (“ABA”), and is also the mother of son with autism. Neither the Company nor Dr. Barbera make any additional representations or warranties regarding her credentials or experience. All Content is for informational purposes only. Neither using the Sites nor participating in a Program creates a patient-provider or client-professional relationship between you and the Company or Dr. Barbera.
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
In no event shall Barbera Behavior Consulting be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Barbera Behavior Consulting has been advised of the possibility of such damages.
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Barbera Behavior Consulting. The aggregate liability of Barbera Behavior Consulting. arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Barbera Behavior Consulting by you.
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
All contents of this Website are ©2000 – 2024 Barbera Behavior Consulting or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Barbera Behavior Consulting and are either registered trademarks, trademarks or otherwise protected intellectual property of Barbera Behavior Consulting or third parties in the United States and/or other countries.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
These Terms shall be governed and construed in accordance with the laws of the state of Pennsylvania, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Reading County, Pennsylvania.
You and Barbera Behavior Consulting agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
