Effective Date: July 22, 2020
This is a legal agreement between you and Barbera Behavior Consulting, LLC (the “Company,” “We,” or “Us”) stating the terms that govern your use of the marybarbera.com website (the “Site”), together with other websites owned by the Company, including without limitation, https://autismABAhelp.com, https://www.turnautismaround.com, and https://marybarbera.com.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.
NOTE: Our Site is not intended for children under 18 years of age, and you may not use the Site or any of our Services if you are under 18. You hereby represent and warrant that you are at least 18 years of age.
1. Site Description.
The Site offers access to autism-related information for review and physical and digital materials for sale. Materials accessible via the Site include (a) fee-based online educational programs (“Programs”) created and owned by the Company comprised of written, audio, and video content (“Program Content”); and (b) blog posts, podcast episodes, user testimonials, and other written, audio or video content (“Site Content”). All items available on Site, including Programs and Site Content, may referred to collectively as our “Services.”
(a) Using the Site: You may access some Services without having to register or pay a fee. To access any Programs, you are required to register on the Site and create an account.
(b) Establishing an Account: When registering, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you provide will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
(c) Programs and Membership: The terms of purchase of any Program or membership are subject to our Terms of Purchase, which are incorporated into these Terms of Service by reference.
2. Intellectual Property Rights.
The Site, Services, 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. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on the Site.
All company names, domain names, Program titles, and 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 this Website are the trademarks of their respective owners.
3. End User License Agreement (EULA).
Subject to the limitations set forth herein, the Company hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Site and Services. The term of your License shall commence on the date that you visit the Site and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Site in breach of the terms set forth herein. The Company retains all right, title and interest in and to the Site and the Programs, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof.
4. Prohibited Uses.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Site or Program Content.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
5. Content Disclaimers.
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.
(a) 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.
(b) No Legal Advice: Barbera Behavior Consulting LLC is not a law firm and does not offer legal advice. Any Site or Program Content that pertains to or discusses legal matters is not legal 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. Any actions taken in reliance upon any legal information included in the Content is at your own risk. If you need legal advice for your specific circumstances, you should consult with a licensed attorney. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any Program or Site Content.
(c) 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.
(d) 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.
(e) 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.
6. User Contributions.
(b) Content Standards: You agree not to do any of the following when posting any User Contributions:
(i) Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading, or is otherwise objectionable, as determined by us in our sole discretion.
(ii) Post any unsolicited or unauthorized advertising or promotional materials, including (but not limited to) links to third party websites in comments or posts;
(iii) Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality; or
(iv) Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission.
We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that any content belonging to you has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Barbera Behavior Consulting, LLC
PO Box 5962
Wyomissing, PA 19610
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
8. GENERAL DISCLAIMER.
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND PARTICIPATION IN ANY PROGRAM IS AT YOUR SOLE RISK. THE COMPANY NOT WARRANT THAT ANY INFORMATION ON THE SITE IS ACCURATE, CURRENT, OR APPROPRIATE TO ANY PARTICULAR SITUATION THE SITE AND ALL PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
THE COMPANY NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE OR PARTICIPATION IN A PROGRAM WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ALL CONTENT) OR THAT THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE APPROPRIATE OR MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
You assume the entire risk of loss and damage due to your use of the Site. The Company and its owners, directors, officers, employees, and affiliates, (the “Company Parties”) shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort, strict liability, or otherwise, that you may incur in connection with the use of, or inability to use, the Site, or for any other claim related in any way to your use of the Site, the Programs, or interactions with us, even if advised of the possibility of such damages. IN NO CASE SHALL THE LIABILITY OF THE COMPANY PARTIES TO YOU (i) EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY OR ITS DESIGNEES, FOR THE APPLICABLE MATTERS GIVING RISE TO ANY SUCH LIABILITY, DURING THE SIX (6) MONTH PERIOD PRIOR TO THE MONTH IN WHICH THE MOST RECENT EVENT GIVING RISE TO LIABILITY OCCURRED, OR (ii) $500.00, WHICHEVER AMOUNT IS LESS.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Site or participation in any Program. Therefore, you agree that, by using the Site, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration to be held in Philadelphia, Pennsylvania before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its 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.
(a) Pre-Arbitration Procedure: At least thirty (30) days prior to seeking legal recourse via arbitration or in any other forum, you must send us a written Notice of Dispute to our address set forth below or via email to [email protected] Your Notice of Dispute must include the following information: (a) Your full name; (b) Username; (c) Email and street address; (d) telephone number; (e) a complete description of the facts underlying your claim; and (f) a proposal for resolving the dispute. After receipt of your Notice, you and The Company will have sixty (60) days in which to conduct negotiations in an effort to informally resolve the dispute to both party’s satisfaction. Following the end of the 60-day period, either party may initiate arbitration proceedings if the dispute remains unresolved.
12. Jurisdiction and Choice of Law.
These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of Pennsylvania. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Berks County, Pennsylvania without regards to any principles of conflicts of laws.
13. Statute of Limitations.
Regardless of any statute or law to the contrary or the applicable dispute resolution process, any Claim or cause of action arising out of or related to use of the Site or under these Terms must be filed within one (1) year after such Claim or cause of action arose.
14. Entire Agreement.
15. Modifications of These Terms.
From time to time, we may update these Terms of Service. If there are material changes to these Terms, we will prominently post the changes on our Site and/or send you an email informing you of the change. All such changes will be effective immediately upon posting. If you are dissatisfied with any modification to the Terms, your only remedy is to terminate your use of the Service. Your continued use of the Services after a change or update has been made to the Terms of Service constitutes your acceptance of such change or update.
Barbera Behavior Consulting, LLC
PO Box 5962
Wyommissing, PA 19610