Terms of Service
Terms of Service
Last updated: July 20, 2023 11:37 PM
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.
Our offers and pricing
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.
Cancellation and Refund policy
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.
If you are not satisfied with the content of one of our courses, you may request a refund of the purchase price paid by sending an email to [email protected] within 14 days of the date of your initial purchase. Refund requests submitted after 14 days of purchase are invalid and will not be honored.
No refunds are available for paid recurring subscription/membership fees.
However, you can cancel your subscription/membership at any time by emailing a cancellation request to [email protected].
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.
Warranty on purchases
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.
Automatic renewals of subscriptions
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 may cancel the automatic renewals of your subscription via email by contacting us at [email protected].
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:
- Impersonating or attempting to impersonate Barbera Behavior Consulting or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
No warranty on Website
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.
- Behavioral Information: The Content includes matters related to behavioral therapy, autism, and ABA. All such information is presented for discussion purposes only and is not advice and should not be treated as medical or therapeutic advice. All information presented on behavioral therapy, autism, and ABA is general in nature and has not been personalized for you or any individuals in your care. The behavioral therapy information provided in the Content is provided “as is” without any representations or warranties, express or implied. Each individual may react differently to behavioral therapy or ABA. Individual results may vary. From time to time, existing behaviors may worsen prior to improving. Existing behaviors may worsen by applying the information provided in the Content. The Company does not guarantee the results of any information provided in the Content, and you must not rely on such information as an alternative to individualized advice from a behavior analyst, medical professional or healthcare provider. You should never delay seeking behavioral or medical advice, disregard medical advice, or discontinue behavioral or medical treatment for yourself or an individual in your care as a result of any information provided in the Content.
- No Medical Advice: Mary Barbera is not a medical doctor. Any Site or Program Content that pertains to or discusses medical matters is not medical advice, nor should it be treated as such. Such Content is provided for informational purposes only and is provided without any representations or warranties concerning its accuracy, express or implied. You must not rely on any medical information included in the Content as an alternative to advice from a medical doctor or other health care service provider. Any actions taken in reliance upon any legal information included in the Content is at your own risk. You should never delay seeking medical advice, disregard medical advice, or discontinue medical services as a result of any Program or Site Content.
- User Testimonials: Some of the Site Content includes user experiences, reviews, comments, and testimonials (collectively, “Testimonials”). All Testimonials are unsolicited and persons providing Testimonials are unpaid. Results discussed in Testimonials are not necessarily typical; and are not intended to imply that you or anyone else will obtain the same result. There are no testimonials from current clients.
- Interviews: Some Site Content- including Programs, videos, and podcast episodes- includes recorded interviews or discussions with guests and course participants. All matters discussed by such persons are solely their own opinions based upon information they consider reliable, and do not reflect the opinions of the Company or Mary Barbera, and we cannot- and do not- offer any representations or warranties regarding the completeness or accuracy of such opinions. The opinions expressed by guests or participants may be short-term in nature and are subject to change. Furthermore, all opinions expressed by guests or program participants should not be considered medical, behavioral, legal, or therapeutic advice.
Availability, errors and inaccuracies
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.
Damages and limitation of liability
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.
Links to third party websites
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.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2000 – 2023 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.
If you are aware of a potential infringement of our intellectual property, please contact Rachel Smith at [email protected].
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:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
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.
You may submit your claim to us by contacting us at:
Barbera Behavior Consulting
Atten: Rachel Smith
PO Box 5962
Wyomissing, PA 19610
Governing law, severability, dispute resolution and venue
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.
Changes to Terms of Service
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.
If you have any questions about our Terms of Service, please contact us at [email protected].