TERMS & CONDITIONS (Updated Sept. 2021)


Thank you for visiting Positive Vibes ABA, LLC website (www.positivevibesaba.com). You arrived at this Terms & Conditions page from this site, referred to herein as “this website”.


These terms and conditions are subject to change by Positive Vibes ABA, LLC (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.


These terms and conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these terms and conditions. Do not use the Website if you do not agree to all of the following terms and conditions.


Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this website.


1. ACCEPTANCE OF TERMS


By accessing, downloading, installing, or using this website whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood.


We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at http://www.positivevibesaba.com/terms-and-conditions/ on a regular basis to keep Yourself informed of any changes.


By using/paying for any of our Services, you agree to abide by these Terms of Conditions as well as our Disclaimer and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing, or using our Services or Program Materials, in any manner, constitutes use of the Program, Products, Services, and Program Materials, and your agreement to be bound by these Terms of Use.


All of our Services and Program Materials are intended for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any Service or Program Materials by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using our Services or our Program Materials, you represent and warrant that you are at least 18 years old while using our Services or Program Materials.


2. DISCLAIMER


Positive Vibes ABA, LLC (“Company”) cannot and does not make any guarantees about your ability to get behavioral results with our ideas, information, tools, or strategies. You should know that all information on our website is for educational and informational purposes only and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Nothing on this page, any of our websites, or any of
our content or curriculum is a promise or guarantee of results or future success, and we do not offer any legal, medical, tax, or other professional advice. We make no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.


These policies and procedures apply to all Positive Vibes ABA, LLC services/products purchased via this site or any other site owned by Positive Vibes ABA, LLC that includes a link to this page.


Positive Vibes ABA, LLC may provide links on the Website to other websites which are not under our control. In general, any website which has an address (or URL) not containing 'http://www.positivevibesaba.com’ is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Positive Vibes ABA, LLC of the
organization or individual operating the website or a warranty of any type regarding the website or the information on the website. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Positive Vibes ABA, LLC nor are they endorsed by Positive Vibes ABA, LLC.


You agree that you will hold harmless Positive Vibes ABA, LLC and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed, or downloaded from this Website or any other website to which it is linked to being obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Positive Vibes ABA, LLC or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Positive Vibes ABA,
LLC has been advised of the possibility of such damages.


This Website (excluding linked sites) is controlled by Positive Vibes ABA, LLC which is headquartered in the State of Tennessee, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of Tennessee, by accessing this Website you agree that the
statutes and laws of the State of Tennessee, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Sullivan County,


Tennessee and the United States District Court with respect to such matters. Positive Vibes ABA, LLC makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other
locations do so of their own initiative and are responsible for compliance with local laws.

BEHAVIORAL INFORMATION DISCLAIMER


From time to time, the Positive Vibes ABA, LLC 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 on the Positive Vibes ABA, LLC website is general and has not been personalized for you or any
individuals in your care. The behavioral therapy information provided on the Positive Vibes ABA, LLC website 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 Positive Vibes ABA, LLC and Positive Vibes ABA, LLC does not guarantee the results of any information provided on the
Positive Vibes ABA, LLC website.


You must not rely on the information on the Positive Vibes ABA, LLC website 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 on the Positive Vibes ABA, LLC website.  All medical information on the Positive Vibes ABA, LLC website is for informational purposes only.


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.


3. RETENTION OF RIGHT TO CHANGE OFFERING


We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.


4. REFUNDS


To make an online payment for services, you must have internet access and provide us with a current, valid, accepted method of payment to use our service. We will bill the fee to the payment method used. Refunds can only be made in the event of an overpayment. Excessive refunds will not be granted.

5. MATERIAL YOU SUBMIT TO THE SITE


You shall not upload, post, or otherwise make available on the Website 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 another proprietary right, 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 Website, 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.


6. INTELLECTUAL PROPERTY


You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Positive Vibes ABA, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Positive Vibes ABA is a U.S. registered trademark of COMPANY and/or its related companies.

 

Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

 

When you access our Website or any of its Content, you agree that:

 

  • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

 

  • You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

  • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content because that is considered stealing our work.

  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.  

 

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort, and expense and that this Website and its Content are valuable, special, and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.


The trademarks and logos displayed on our Website or its Content are trademarks belonging to us unless otherwise indicated. Any use including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.


All rights not expressly granted in these terms or any express written license are reserved by us.


Request for Permission to Use Content


As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of the COMPANY.


Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail. For information on requesting such permission, please contact us at info@positivevibesaba.com.

 

You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘Positive Vibes ABA’, (b) the link must ‘point’ to the URL ‘http://www.positivevibesaba.com’ and not to other pages within the Website, (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Positive Vibes ABA, LLC’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Positive Vibes ABA, LLC is associated with or sponsored by Positive Vibes ABA, LLC (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on
the linked website, and (f) Positive Vibes ABA, LLC reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Positive Vibes ABA, LLC.

7. 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.


8. CUSTOMER SERVICE


If you have questions or comments regarding Positive Vibes ABA, LLC services, please email us at info@positivevibesaba.com.