Agreement between User and Master ABA
Welcome to Master ABA. The Master ABA website (the “Site”) is comprised of various web pages operated by Master ABA. Master ABA is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Master ABA constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Master ABA is an E-Commerce Site.
Master ABA provides information for parents and professionals working with children with Autism. Downloadable content, virtual consultations and in-person services are available for purchase through the site.
Privacy
Your use of Master ABA is subject to Master ABA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Master ABA or sending emails to Master ABA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Master ABA is not responsible for third party access to your account that results from theft or misappropriation of your account. Master ABA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Master ABA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Master ABA only with permission of a parent or guardian.
Cancellation/Refund Policy
We guarantee satisfaction with your downloaded content. If you are dissatisfied with your purchase please contact us at [email protected] for fast resolution.
Links to Third Party Sites/Third Party Services
Master ABA may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Master ABA and Master ABA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Master ABA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Master ABA of the site or any association with its operators.
Certain services made available via Master ABA are delivered by third party sites and organizations. By using any product, service or functionality originating from the Master ABA domain, you hereby acknowledge and consent that Master ABA may share such information and data with any third party with whom Master ABA has a contractual relationship to provide the requested product, service or functionality on behalf of Master ABA users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Master ABA strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Master ABA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Master ABA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Master ABA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Master ABA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Master ABA ABA or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Master ABA has no obligation to monitor the Communication Services.
However, Master ABA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Master ABA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Master ABA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Master ABA’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Master ABA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Master ABA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Master ABA spokespersons, and their views do not necessarily reflect those of Master ABA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials Provided to Master ABA or Posted on Any Master ABA Web Page Master ABA does not claim ownership of the materials you provide to Master ABA (including feedback and suggestions) or post, upload, input or submit to any Master ABA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Master ABA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Master ABA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Master ABA
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Master ABA account to third party accounts. By connecting your Master ABA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Master ABA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Master ABA Content accessed through Master ABA in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Master ABA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Master ABA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Master ABA in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Master ABA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MASTER ABA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MASTER ABA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MASTER ABA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MASTER ABA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MASTER ABA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Master ABA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Master ABA as a result of this agreement or use of the Site. Master ABA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Master ABA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Master ABA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Master ABA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Master ABA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Master ABA reserves the right, in its sole discretion, to change the Terms under which Master ABA is offered. The most current version of the Terms will supersede all previous versions. Master ABA encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Master ABA welcomes your questions or comments regarding the Terms:
Master ABA
6431 41st Ave N
Saint Petersburg, Florida 33709
Email Address:
[email protected]
Effective as of June 8, 2020
This is a RocketLawyer.com document.
Master ABA Dojo – Membership Terms & Conditions
Our core ethos for Thriving Not Surviving, LLC dba Master ABA (“Master ABA”) is to provide resources, courses and a community for BCBAs. This document details from the outset the way in which we will deliver our services to you. If you are planning to join Master ABA Dojo (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
Membership Terms & Conditions (‘Terms’): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Master ABA. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Master ABA (“we”, “our” or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound, and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
Master ABA Dojo is a membership platform for Board Certified Behavior Analysts.The Membership is an ongoing commitment where you can get regular support and guidance.
The Master ABA Dojo is designed for:
- Recent graduates who don’t know where to start
- ABA professionals who are overwhelmed, fed up and ready to quit
- BCBAs who want to bring their career to the next level
- Busy professionals who want to create more time to do the work they love
- People who want to network with others in the field
The Master ABA Dojo is NOT designed for:
- RBTs, teachers and non ABA professionals
- Anyone looking for a “quick fix”
- People who are judgmental or critical of others – our community is a SAFE place
This membership is suitable for those who are working as Board Certified Behavior Analysts in the field of ABA.
There are four elements to the Membership:
- Office hours
- A library of online courses
- Game plans designed to solve common problems
- A private forum to ask questions and connect with members
Office Hours
The office hours will be led by Amelia Dalphonse, MA, BCBA. From time to time they may also be joined by Dianna Kelly, cofounder of Master ABA.
The office hours will take place via zoom and will be posted on the member dashboard.
During each session, attendees can ask questions related to their field, get feedback on course and other membership content, and receive mentorship.
The information and guidance shared will be based on experience gained working in the field of ABA since 2009.
The live sessions will not be recorded and therefore will not be available to members not able to attend, however members needing guidance who do not attend can ask questions through the Member Forum.
Self-Study/Online Courses/Game Plans
In addition to the live calls there will be additional training resources available for members to consider in their own time. This includes a library of online courses, downloadable resources, reusable templates and content organized into Game Plans to solve common problems.
For best results you should work through Game Plans in your own time. Failure to do so may limit your ability to learn from the tips and guidance available through your membership. The content of all resources and training will be provided in English, translations are not available.
Private Member-Only Forum
You will have access to a private Member-Only Forum to support you during the Membership. The intention of the Forum is to provide community support and a network of individuals working in the field of ABA who are facing similar challenges.
From time to Amelia Dalphonse may post and offer support in the Forum but there is no guarantee that posts will be responded to immediately or that any Forum posts will be actively monitored by Master ABA.
Please be advised that whilst we hope that you will be able to utilise the Forum, we make no guarantees as to the availability of the Forum and/or the content within the Forum at any time. Therefore, always ensure that you have back-up copies of any information shared within the Forum.
Behavior
It is expected that at all times your behavior towards others is polite and respectful. Should your behavior be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behavior and we will not be held responsible for the behavior or actions of any other Members.
Active Use of the Membership
It is our intention to ensure all members receive value for their subscription to the Master ABA Dojo membership. Therefore, if any member fails to log in or attend a live event for three (3) consecutive months, you may be removed from the membership and your subscription will be cancelled.
Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe. Your taxability is determined based on your current state of residence. Residents of the state of FL will be required to pay sales tax for the duration of their subscription. On subscription you will agree to monthly payments via Stripe which will be taken the anniversary of your enrollment.
The Membership is an ongoing monthly subscription and payment will be taken on the same day each month.
We reserve the right to change the content and delivery of the services within the membership and the associated price at any time. Should we do this we will provide advance notice so that you can decide whether to continue or cancel your subscription. We shall never increase your membership fees without providing at least 28 days’ notice.
Refunds and Cancellation
It is our aim that you will be completely happy with the Membership and you find the resources and support you need as a BCBA. However, we appreciate that there may come a time when you wish to leave the Membership.
You have the right to cancel and obtain a full refund within 30 days from the date of subscription. Refund requests should be made in writing to [email protected] and a full refund will be provided within 14 working days.
There is no obligation on us to refund any amounts paid where cancellation requests are made following the 30 day cancellation period.
Should you wish to cancel your Membership you may do so through your account page. Instructions for cancellation can be found on the Frequently Asked Questions page.
We reserve all rights to cancel the program for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect:
- If you fail to pay your Membership fees by the relevant due date
- If you commit a repudiatory breach of the Terms of this agreement
- As decided at our sole discretion
Contact and Schedule
It is the intention that the Membership will run continuously and that any training material and live sessions will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be rescheduled as soon as possible.
Throughout the Membership we will be available via email at [email protected]
If you have a technical question relating to accessing the Membership please include “Tech” in the subject line of your email correspondence.
You may see us post on social media outside of our normal business hours. Not all of these posts are live, and some will be pre-scheduled. We are passionate about supporting everyone in the Membership and when we can, we may respond to you outside of these hours but we make no guarantees that this will always be possible.
Disclaimers
We make no guarantees or claims as to the success of any member. Each individual is unique, and their abilities are unique to them. The aim is that members receive resources and support in their role as BCBA. It is incumbent on the member to take advantage of the resources provided.
All training provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Membership.
We are not responsible for any loss of opportunity or any investments which you make. No content in this Membership should be construed as medical advice, whether mental or physical. If you believe that your client requires medical attention you should seek assistance from a medical professional immediately.
We ask that all members in the Membership respect the rights of others in respect of their behaviour and privacy. All members must remain HIPAA compliant. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
Your personal data is protected as set out in our privacy policy which can be found on the Privacy Policy Page. By providing your personal data you agree to the terms of our privacy policy.
During the course of the Membership you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organization or company, and shall use your best endeavours to prevent the publication of any confidential information relating to any other member.
You accept that any unauthorized disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
Please be aware that some training sessions may be recorded, and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Membership. If you provide or share any information within these sessions about yourself or your business, that information will be shared within the membership. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personally identifiable information will be captured.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to [email protected]
Intellectual Property
During your time as a Member you will be provided with many resources including, but not limited to, templates, presentations, guides, ebooks and online courses. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools, but you are not permitted to duplicate, republish, reproduce, distribute, translate, or provide copies to third parties. We retain and reserve all of our copyrights.
You agree that whilst in Membership, and for a period of 6 months following termination or cancellation of your Membership, you shall not use the confidential information revealed to you for any commercial purpose. In addition, you shall not elicit or entice away any current or potential members by sending “Connection Requests” or otherwise targeting them. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.
Force Majeure
Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, performance of their obligations shall be postponed until these circumstances end.
Waiver
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
Jurisdiction
These Terms are governed by the laws of the United States of America and the state of Florida. The American Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
Complaints
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made to made in writing to Amelia Dalphonse at [email protected]
General
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.
Frequently Asked Questions
- What happens if I can’t make a live session?
As far as possible, the live sessions will be held on Zoom. At the request of members, these sessions will not be recorded. For the avoidance of doubt, there will be no refunds available for any missed sessions. Further support can be obtained by emailing [email protected] or by posting in the Forum.
- What if I need additional support?
Additional support can be offered to each member in the form of 1:1 support or guidance. We are happy to support you as required, please contact us directly at [email protected], additional charges will apply.
- What if I am ill during the Membership?
If you are ill or unable to attend a live session for any reason feel free to reach out to us via email or the Forum. If you are ill for an extended period, please let us know and we will support you wherever we can.
- Is the Membership suitable for everyone?
The Membership is best suited to those who are Board Certified Behavior Analysts working in the field of Applied Behavior Analysis.
