The websites located at www.abaspeech.org are owned ABA SPEECH LLC. In addition to the materials on the website ABA SPEECH, LLC offers products for purchase, including but not limited to e-courses and a membership community (“Products”).OVERVIEW
The terms “we,” “us,” and “our” refer to abaspeech.org. The term the “Site” refers to abaspeech.org. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
ROSE GRIFFIN AND ABA SPEECH MAINTAIN A BLOG, HAVE DIGITAL PRODUCTS FOR SALE, and have PHYSICAL PRODUCTS FOR SALE.
Use of ABASPEECH.ORG including all materials presented herein and all online services, provided by ROSE GRIFFIN AND ABA SPEECH LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Your use of the Materials constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer”). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the BBC Materials.
We have made every effort to ensure that all information in the Materials has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided in the BBC Materials.
ABA SPEECH, LLC disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use of the information provided in the Materials. ABA SPEECH LLC assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found in the Materials.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to ABASPEECH.ORG and other information are subject to change. ABA SPEECH LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. ABASPEECH.ORG disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
CREDENTIALS & BACKGROUND
The principal of ABA SPEECH, LLC is ROSE GRIFFIN
- has an M.A. in Speech Pathology
- is a Speech Language Pathologist
- is a Board Certified Behavior Analyst
- has studied autism and Applied Behavior Analysis (“ABA”)
Rose Griffin is not a medical doctor.
Additionally, nothing presented in the Materials creates a patient-provider or client-professional relationship between you and Rose Griffin or ABA SPEECH LLC
LEGAL INFORMATION DISCLAIMER
From time to time, the Materials may discuss legal topics. This information is not advice and should not be treated as legal advice. The legal information in the Materials is provided for informational purposes only. The legal information provided in the Materials is provided “as is” without any representations or warranties, express or implied.
You must not rely on the legal information in the Materials as an alternative to advice from your attorney or professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information provided in the Materials.
MEDICAL INFORMATION DISCLAIMER
From time to time, Materials may discuss topics related to health and medicine. This information is not advice and should not be treated as medical advice. The medical information provided in the Materials is provided “as is” without any representations or warranties, express or implied.
You must not rely on the information in the Materials as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment for yourself or an individual in your care as a result of any information provided in the Materials. All medical information in the Materials is for informational purposes only.
BEHAVIORAL INFORMATION DISCLAIMER
From time to time, Materials may discuss topics related to behavioral therapy, autism, and ABA. This information is not advice and should not be treated as medical or therapeutic advice. All information presented on behavioral therapy, autism, and ABA in the Materials is general and has not been personalized for you or any individuals in your care. The behavioral therapy information provided in the Materials 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 BBC Materials. ABA SPEECH, LLC does not guarantee the results of any information provided in the Materials.
You must not rely on the information in the Materials as an alternative to 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 Materials. All behavioral and medical information in the Materials is for informational purposes only.
MEDICAL ADVICE & SUPPORT
As stated above, the Materials are not medical advice. ABA SPEECH LLC strongly encourages you to consult with your medical doctor or healthcare provider before applying any of the information found in the Materials. If, at any time, you experience a negative result or injury as a result of the information in the Materials, seek immediate attention from your medical doctor or healthcare provider.
Nothing presented in the ABA SPEECH free or paid course materials creates a client – professional or patient-provider relationship between you and Rose Griffin or ABA SPEECH, LLC. The ABA SPEECH free and paid course materials were developed strictly for informational purposes and should not be considered medical, behavioral, legal, or therapeutic advice. Testimonials herein are unpaid and unsolicited and non-representative of all participants. Experiences of those who have provided testimonials do not guarantee future results.
The Materials were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Materials. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear in the BBC Materials.
The Materials are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Materials or the information and materials provided therein.
The BBC Materials are written in English and we make no warranty regarding the translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold ABA SPEECH, LLC, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of the State of Ohio. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Cleveland, Ohio.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Disclaimer may not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.
All notices with respect to the Disclaimer must be in writing and made via email to firstname.lastname@example.org for the Website and to your email address.
BY VISITING abaspeech.org
In order to use the Service, you may 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 give to ABA SPEECH LLCwill 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.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
The online courses will offer a refund after 14 days if unsatisfied. After this period, no refunds will be issued.
The Online Courses, may include the following:In-depth video modules
Tools, downloads, and homework to correspond to each lesson
Monthly live Q and A sessions
Access to the Help Me Find My Voice Facebook group
License for the online courses,
The online courses,were developed for your personal use. We grant you a limited license to share and display up to 5 lessons within the course, but you must be present during any display of these lessons. You must not share your login information with anyone.
Information about the Service
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to ABA SPEECH LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to ABA SPEECH LLC remains yours to the extent that you have any legal claims therein. You agree to hold ABA SPEECH LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Site. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by ROSE GRIFFIN AND ABA SPEECH LLC including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ROSE GRIFFIN AND ABA SPEECH LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ROSE GRIFFIN AND ABA SPEECH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ROSE GRIFFIN AND ABA SPEECH LLC CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ROSE GRIFFIN AND ABA SPEECH LLC AND IF NO PURCHASE HAS BEEN MADE BY YOU ROSE GRIFFIN AND ABA SPEECH LLC CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with ROSE GRIFFIN AND ABA SPEECH LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and ROSE GRIFFIN AND ABA SPEECH LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ROSE GRIFFIN AND ABA SPEECH LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ROSE GRIFFIN AND ABA SPEECH LLC .
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio as applied to contracts that are executed and performed entirely in Ohio. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Portage County, Ohio. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.