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Last Updated: Monday, January 6, 2025
Welcome. These Terms and Conditions (referred to as “Terms”) govern your use of all websites operated by ABA Therapy 954 and its affiliates or subsidiaries (“Company,” “we,” “us,” or “our”), including but not limited to www.ABATherapy954.com (“Sites”). IF YOU DO NOT AGREE TO THESE TERMS OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, PLEASE DO NOT USE THE SITES.
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITES. BY ACCESSING OR USING THE SITES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO BROWSING, UTILIZING INFORMATION, OR SUBMITTING CONTENT OR PERSONAL INFORMATION THROUGH THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS, CONDITIONS, POLICIES, AND NOTICES. YOU ALSO CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO AGREE TO THESE TERMS.
The Sites are provided solely for educational and informational purposes. They do not offer medical advice, diagnoses, or treatment recommendations, nor do they endorse any specific products or information for particular situations. By using the Sites, you acknowledge and agree that the Company is not responsible for any decisions or actions taken based on the information provided on the Sites.
THE CONTENT AVAILABLE ON THE SITES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NO INFORMATION OR SERVICE OFFERED THROUGH THE SITES SHOULD BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS ABOUT A MEDICAL CONDITION. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
a. The Sites are intended for your personal, non-commercial use. Unless otherwise stated by a third party, all content on the Sites is ©2025 ABA Therapy 954 and/or its affiliates or licensors. The Sites include copyrighted materials, trademarks, service marks, trade dress, and other proprietary content, such as text, software, applications, sound, photographs, buttons, images, logos, videos, and graphics (collectively referred to as the “Content”). The overall design, coordination, arrangement, and “look and feel” of the Sites are protected as a collective work under copyright laws (referred to as “Intellectual Property Rights”). These Terms do not transfer any ownership, title, or interest in the Sites, Content, or Intellectual Property Rights to you. The Company and its third-party licensors retain full ownership and rights to the Sites, Content, and Intellectual Property Rights. Any rights not explicitly granted are reserved.
b. Unless expressly permitted by these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information on the Sites, either in whole or in part, without prior written consent from the Company. Additionally, you agree not to use data mining, robots, or similar data collection or extraction methods in connection with the Sites.
c. The Sites are operated and controlled by the Company from its offices or servers located within the United States of America (“U.S.”). The Company does not guarantee that the materials or Content on the Sites are appropriate or available for use outside the U.S. and does not intend for the Sites to be accessed in locations outside the U.S. You may not access or use the Sites or export Content in violation of U.S. export laws or regulations. If you access the Sites from outside the U.S., you are solely responsible for complying with applicable local laws and regulations.
d. Certain materials or features accessible on the Sites may be provided by third parties. References to third-party products, services, or company names on the Sites are for identification purposes only. Trademarks, trade names, logos, or product names of third parties mentioned on the Sites are the property of their respective owners, whether registered or unregistered.
e. Nothing in these Terms shall be interpreted as granting any additional licenses or rights, either explicitly or implicitly, under the Company’s or any third party’s intellectual property rights. Any rights not specifically granted herein are fully reserved.
By accessing and using the Sites, including any Content and services available through them, you agree that you will not:
Unless otherwise specified on the Sites, you are allowed to view, copy, retransmit, and print the Content available on the Sites, subject to the following conditions:
For your convenience, the Sites may include links to external websites and provide access to content, products, and services offered by third parties, including affiliates, strategic partners, and other entities connected solely via hyperlinks (“Linked Sites”). These Linked Sites are made available because they may interest users of the Sites or provide convenient services. The information and opinions presented on Linked Sites are not endorsed or adopted by us.
Before using any Linked Site, you should review its terms of use, privacy policies, and other applicable rules. We do not create, manage, or monitor these Linked Sites and disclaim any responsibility or liability for (a) the availability or content found on Linked Sites, as their inclusion does not imply our endorsement of the Linked Sites or vice versa; (b) third-party content accessible through Linked Sites; (c) any loss or damage resulting from your interactions with Linked Sites; or (d) any dealings with third parties found through the Sites. Use of Linked Sites, third-party services, and any correspondence or business dealings with advertisers other than us found through the Sites is entirely at your own risk.
The Company does not manage or guarantee the accuracy, relevance, timeliness, completeness, or suitability of the information or resources available on Linked Sites or other Internet sites. We reserve the right to remove links at any time. The inclusion of such links should not be interpreted as an endorsement, authorization, or sponsorship of those websites, their content, products, or services.
The Company reserves the right to modify, update, add to, or remove portions of these Terms at any time by posting the revised Terms on the Sites. These changes will apply to your use of the Sites after the updated Terms are posted. It is your responsibility to review these Terms periodically for updates or changes. Continued use of the Sites after any changes or updates have been posted constitutes your acceptance of those changes. If you disagree with any part of these Terms or future modifications, your sole remedy is to discontinue use of the Sites immediately.
The Company may modify or terminate your access to the Sites, or parts of them, at any time, temporarily or permanently, with or without prior notice, for any reason, without any obligation to support or update the Sites. Provisions in Sections 2, 8, 11-15, 17, and 18 of these Terms will remain in effect even after termination. We may also impose restrictions on certain features and services, limit your access to parts or all of the Sites, or introduce fees for specific areas of the Sites without prior notice or liability. You acknowledge and agree that we are not responsible for any consequences to you or any third party resulting from the modification or termination of access to the Sites or any part thereof.
Any information collected or received from you through the Sites will be handled in accordance with the Company’s Privacy Policy (the “Privacy Policy”), which is incorporated by reference into these Terms. Please review the Privacy Policy carefully before using the Sites. If you do not agree with the terms outlined in the Privacy Policy, you must discontinue your use of the Sites.
In compliance with the U.S. Federal Digital Millennium Copyright Act (“DMCA”), the Company has designated an agent to receive notifications of alleged copyright infringement related to the Sites. Upon receiving a properly formatted notice as outlined below, we will make commercially reasonable efforts to investigate the claims and take appropriate action. If you believe your copyrighted work or that of another party is being infringed, please contact us at info@none.com or via the address listed at the bottom of this page. When submitting a notification of alleged copyright infringement, include the following information:
If we determine in good faith that the material infringes a copyright or violates intellectual property rights, we will remove it or disable access to the offending material.
The Company strives to provide accurate, complete, and up-to-date information on the Sites. However, it is not always possible to ensure that any website is entirely free of human or technological errors. The Sites may occasionally include typographical errors, inaccuracies, or omissions, and some information may be incomplete or outdated. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or modify information at any time without prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, ALONG WITH ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITES, ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITH ALL FAULTS. THE COMPANY AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, TRADE USAGE, OR COURSE OF PERFORMANCE. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM RELIANCE ON THE SITES OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE SITES. WE MAKE NO GUARANTEES AND EXPRESSLY DISCLAIM THAT: (A) THE SITES OR THEIR FEATURES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE WITHOUT INTERRUPTION, ON TIME, SECURELY, OR ERROR-FREE; (B) THE CONTENT WILL BE CURRENT, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS WILL BE ACHIEVED THROUGH THE USE OF THE SITES; (D) THE QUALITY OF CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR MATERIALS ACCESSED THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS OR DEFECTS WILL BE RESOLVED.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, ARISING FROM YOUR ACCESS TO OR INABILITY TO USE THE SITES OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FOR INSTANCE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE THIS SECTION. YOU ALSO WAIVE ANY SIMILAR PROVISION IN OTHER LAWS, REGULATIONS, OR CODES THAT HAVE A SIMILAR INTENT OR EFFECT. FOR NEW JERSEY RESIDENTS, TO THE EXTENT THAT NEW JERSEY LAW PROHIBITS THESE LIMITATIONS OR EXCLUSIONS, SUCH RESTRICTIONS WILL NOT APPLY TO YOU.
You agree to indemnify, defend (at the Company's sole discretion), and hold harmless the Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parent companies, employees, and agents from any claim, demand, liability, dispute, damage, loss, cost, or expense, including attorneys’ fees and litigation costs, arising out of or related to your use of or access to the Sites, your use of the Content (including use by your employees), your violation of these Terms, or your infringement on the rights of another.
Any claim, dispute, or cause of action arising out of or relating to these Terms or your use of the Sites must be filed within one (1) year from the date the claim or cause of action arose. Failure to do so will result in the claim being permanently barred, regardless of any statute of limitations or other laws to the contrary. Furthermore, the Company’s failure to enforce or exercise any provision of these Terms within this time frame will not constitute a waiver of that provision or right.
All disputes arising out of or in connection with your use of the Sites must be resolved exclusively through confidential binding arbitration, except in cases where the Company seeks injunctive or other appropriate relief for violations or threatened violations of Intellectual Property Rights. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as in effect at the time of arbitration. Claims from other parties may not be joined or combined in the arbitration proceeding. Unless expressly required by applicable law, each party is responsible for its own attorneys’ fees, regardless of the outcome. The arbitrators are authorized to award either party any provisional or equitable remedies allowed by applicable law, excluding punitive and consequential damages, which are not permitted under these Terms. Arbitration-related charges and fees imposed by the AAA will be equally shared by both parties.
BY AGREEING TO USE THE SITES, YOU ACKNOWLEDGE THAT ANY CLAIMS OR DISPUTES WILL BE SUBJECT TO ARBITRATION, AND NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE CLAIMS IN COURT OR HAVE THEM DECIDED BY A JUDGE OR JURY. ADDITIONALLY, YOU AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE DECISION OF THE ARBITRATORS WILL BE FINAL AND BINDING. OTHER RIGHTS THAT WOULD BE AVAILABLE IN COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
You acknowledge that (a) you have read and fully understand these Terms, and (b) these Terms hold the same validity and enforceability as a signed agreement.
If any provision of these Terms is deemed invalid by a court or arbitrator, the parties agree that the court or arbitrator should strive to interpret the provision in a way that reflects the parties’ intentions, and all other provisions of these Terms will remain in full effect. The Company’s failure to enforce any provision or address any breach by a user does not constitute a waiver of its rights to enforce such provisions or address subsequent breaches. These Terms are governed by and interpreted under the laws of the State of Tennessee, without regard to its conflict-of-law principles. In the event of any conflict between foreign laws, rules, or regulations and those of the United States, the laws, rules, and regulations of the United States shall prevail. These Terms, as updated periodically and posted on the Sites, along with any modifications, represent the complete and final agreement between the parties concerning the subject matter and supersede all prior agreements or understandings, whether written or oral, regarding the same.
If you have any questions about these Terms, the practices of Company, or your dealings with the Sites, please contact us at info@none.com. You also may contact us to update your personal information by notifying us when you change your name or email address at the address below:
ABA Therapy 954, LLC
Address: 51 Riviera Blvd, Suite 223 #1027, Miramar, FL 33023
Phone: 954-800-7007
Email: info@none.com
