Terms and Conditions
Additional Terms and Policies:
Trademark & Copyright Policies
Agreement between User and Master ABA
Welcome to Master ABA. The Master ABA Academy 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.
Master ABA Marketplace
The MASTER ABA ACADEMY MARKETPLACE lets ABA professionals and creators buy, sell, and exchange their original teaching and learning content, tools, resources and supplies. Electronic data, digital items, streaming video, tangible products, online courses, and other resources are “Resources.” Any product type may be modified, added, discontinued, or limited by MASTER ABA. A “Resource Listing” includes a resource, its title, description, and other listing information.
Sellers, Customers, and Visitors use the MASTER ABA ACADEMY Marketplace. Sellers, Customers, and Visitors can browse the marketplace without registering. Our “Users” are visitors, customers, and sellers.
By using our Services as a Visitor, Customer, Seller, or otherwise, you agree to obey these Terms, including our Privacy Policy and any other terms or policies contained herein.
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.
USERNAME/PASSWORD
Your username when logging in is your email address.
Choose a password to secure your Account. Your Account is accessed using this information. You must keep your login credentials private and are responsible for any Account activity, whether you approved it or not. Please notify our Team at [email protected] immediately if you suspect illegal access to your Account.
TYPES OF ACCOUNTS
BUYERS. Join MASTER ABA as a Buyer to buy and download Resources (“Buyer”). Those whose name and email address are on the Buyer Account profile own it. Buyers can make purchases, download free and purchased Resources, post Feedback, questions, comments, requests, or other public communications (“Communications”), request custom products, connect with Sellers, and enjoy other features and services we may offer.
SELLERS. You can sell Resources through our Services as a Seller (“Seller”). Sellers include individuals selling their own items and publishers selling content created by one or more staff or commissioned producers. MASTER ABA may change your Seller Account type at any time.
Seller Accounts have all the same capabilities as Buyer Accounts plus the ability to upload and sell Resources, access sales data, purchase promotional space, use marketing tools, and access more information and communication. Sellers’ tools and features may depend on their account level.
ACCOUNT CLOSURE
MASTER ABA CLOSURE We may close or suspend any Seller’s Account for any reason, with or without notice.
CLOSURE BY YOU MASTER ABA accounts can be closed at any moment without warning. Remove all displayed products or contact us to deactivate your Account.
EFFECT OF ACCOUNT CLOSURE
You’ll lose access to your Account information, prior purchases, uploaded Resources, and many of our Services that need an Account if your account is deleted. You can log in again to reactivate your Account if you close it yourself. Write to MASTER ABA to close your Account so it cannot be reopened upon login.
Your MASTER ABA posts will remain when your Account is terminated. Your account may allow you to delete or change Communications before closing. Find out more about your Account data and data retention in our Privacy Policy.
Sellers, your Resources will no longer be searchable and your Resource pages will be unavailable to Users, but Sellers who have purchased them can still view them. STOP SERVICES. Our Services may be modified, or terminated at any moment. Your Account, including any Resources or other materials you may have purchased from our Services and any Resources or Communications (collectively “Content“) you may have uploaded to our Services, may be unavailable to you or other Users if our Services are suspended or discontinued. Any alteration, suspension, or cessation of our Services, including the loss of access to Resources you’ve purchased or money from your temporary or permanent inability to sell Resources through our Services, is not our responsibility.
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.
GUIDELINES
Users of our Services must respect our Community Guidelines, which are part of these Terms. Any changes to these guidelines are at our discretion. If you violate any of these rules, we may remove Content you’ve posted, Resources from your Account, suspend or terminate your Account, remove Resources from your Buyer, refund your Buyer(s), or take other action.
FEEDBACK, RATINGS, AND REVIEWS
Provide a rating and comment (“Feedback”) to review a Resource you purchased or downloaded for free. Leave honest Feedback about how you used the Resource for its intended purpose. We may impose feedback requirements or restrictions at any time. Sellers may not leave comments on their Resources or otherwise compromise our comments system. We may remove Feedback without notice at any moment and ban Sellers from leaving Feedback.
Purchases and Licenses
An Individual License is a lifetime license that can only be allocated to one user (“Assignee”), such as an RBT, BCBA or teacher. In accordance with this section, a User who purchases an Individual License can use the Resource for her or his lifetime but cannot transfer it to another User after retirement.
This Resource Licensing Policy and other terms in these Terms apply to your use of any Resource, whether you bought it, your Organization gave it to you, or your school or other institution bought it for you. You agree to adhere with this Resource Licensing Policy and any additional terms the Seller publishes in the Resource Listing, if they do not contradict with these Terms. This Resource Licensing Policy will prevail over a Seller’s terms, except that Sellers may offer additional rights to their Resources.
The Seller grants the purchasing Buyer a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below with an Individual License, except as otherwise stated in these Terms (such as in the “Limitations on Access” section below). Sellers may provide further privileges.
Commercial usage of the Resource is prohibited. It cannot be sold, used for advertising or marketing, or used in any other business or profit-making activity.
Except as permitted above to distribute Resources electronically to Permitted Recipients, you may not post or otherwise make Resources available on websites, applications, shared drives, or other sites or services.
Access not Guaranteed
Available downloads. Neither MASTER ABA nor our Service can guarantee uninterrupted Resource access. For instance, if MASTER ABA ceases hosting a Resource or you or MASTER ABA terminates, suspends, downgrades, or otherwise limits your Account or access to MASTER ABA’s Services, you may lose access to the Resource. For future access, you must keep downloaded Resources on your device. Sellers’ resources may be inaccessible with screen readers or other assistive technology.
Video and digital resources. If you close your account or MASTER ABA ceases hosting a Resource, your license will expire if you buy streaming video, online courses, or other non-downloadable formats. Sellers’ resources may be inaccessible with screen readers or other assistive technology.
Resource Security. To avoid viruses, spyware, and other malicious software, you must check any Resource before downloading it.
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
