Terms of Service
Welcome to ABPathfinder, LLC (“ABPathfinder,” “us,” “our,” “we”). These Terms of Service (“Terms”, “Agreement”) govern your use of our web site (“Site”) and its contents. You should carefully read these Terms of Service.
Description of Service
ABPathfinder provides various content and services via the website www.ABPathfinder.com (together with any other website which provides that it is governed by these Terms of Service, the “Site”).
Registration and Subscription
The content and services on the Site are divided into two categories: (a) content and services which can be accessed without registration; and (b) content and services which require a subscription (e.g., the payment of a fee).
Our Site is available for use by individual users or by organizations. If you are an individual user, you may purchase subscriptions as provided for below. If you are a member of an organization, and wish to purchase multiple subscriptions or different combinations of subscriptions, please contact ABPathfinder at info@ABPathfinder.com.
There are three types of profiles, an “Administrator” profile, a “User” profile and a “Client” profile.
The “Administrator” profile provides the right for a specific individual to create “User” and “Client” profiles and use the materials provided in ABPathfinder for the purposes of Behavioral Therapy. The Administrator profile represents the individual financially responsible for the services provided by ABPathfinder. The Administrator profile may be accessed from any location in the United States, provided such named Administrator’s username and password are only used by the specified named individual and from only one location at any point in time.
A “User” profile provides the right of a specific named individual to access the Site for the purpose of using the materials to implement therapy for one or more children. The named User may access the Site from any location within the United States, provided such User’s username and password are only used by the specified named individual and from only one location at any point in time.
A “Client” profile shall mean the ability to use the Site for a specific named client to monitor such client’s performance. Additionally, the Administrator may allow access to the Client profile to specific, named individuals such as parents for the purpose of monitoring the client’s progress through therapy.
The username and password provided in connection with an Administrator, User or Client profile may only be used by the named individual to whom it is assigned.
An Administrator may purchase multiple Client profile subscriptions, and the subscription fee will be based on the number of Client profiles active in any given month. Alternatively, as discussed above, if you are a member of an organization, you may contract ABPathfinder at the email address provided above to purchase Client subscriptions in larger quantities.
All information you provide must be accurate and complete. By purchasing a subscription, you are representing and warranting to ABPathfinder that you are an authorized user of any purchasing information, such as credit card information, that you provide to us and that you agree to pay all charges resulting from your subscription.
Access to Site Functionality
Access to certain portions of this Site requires login and password information. Once you have registered or purchased a subscription, you will have login and password information. This information is for your use only and is non-transferable.
You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify ABPathfinder in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site.
Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Service on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
This site and its contents are for the personal use of the individual or organization acquiring subscriptions. You may not purchase subscriptions to benefit any other person. For example, you may not resell the services offered on this Site or distribute them to any other persons.
Additional Terms for Subscriptions
Subscriptions are subject to recurring billing. Subscribers can choose either month to month or annual subscriptions to the Site.The Subscription will start on the first day Subscriber training is scheduled, indicating that the service is available for Subscriber use. This amount will be pro-rated based on the day of the month and the monthly subscription amount. Thereafter, billing for the total amount of the subscription will occur on the first day of the month and will be calculated based on the number of client accounts with no refunds. Subscribers agree to renew subscriptions automatically and to be billed accordingly as determined by the subscription length with no refunds, until the subscriber modifies or cancels the subscription before the next billing cycle date and ABPathfinder is subsequently afforded a reasonable opportunity to modify or cancel the subscription accordingly.
Should a Subscriber choose to cancel their subscription, ABPathfinder will retain their information electronically for a maximum of ninety (90) days after the last day of the subscription. After that 90-day period, ABPathfinder will retain the customer’s records (in a format chosen by ABPathfinder) for a period of seven (7) years to comply with HIPAA regulations. Subscribers requesting access to their information should contact ABPathfinder’s Customer Service at firstname.lastname@example.org to receive a secure file containing their account information.
Any pricing designated as “promotional”, “special”, “limited time only” or other short-term offer will remain in effect for the designated duration only and will be adjusted automatically to regular pricing at the conclusion of the designated time period. ABPathfinder reserves the right to change subscription pricing at any time.
By accessing the ABPathfinder application, you agree to allow ABPathfinder to use your corporate name, principal names, address and logo for marketing purposes. ABPathfinder reserves the right to use your company name, principal names and logo for publicity purposes including, but not limited to, press releases, sales and marketing material, web pages, and presentations. ABPathfinder agrees not to disclose personnel names, titles, project names, and project details without written permission from your organization.
Changes to the Site
We may discontinue or change any content, service, function or feature at any time with or without notice.
Proper Use of This Site
When you use our Site, you agree at all times to comply with the following guidelines. You may use ABPathfinder for lawful purposes only and may use this Site only in ways consistent with any applicable laws. You specifically agree not to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you post;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- collect or store personal data about other users in connection with the prohibited conduct set forth above.
- USE ANY PROGRAM, SPIDER, OR “BOT” TO GATHER OR “HARVEST” INFORMATION FROM THIS SITE.
ABPathfinder and its suppliers reserve all intellectual property rights existing in any content that is on the Site. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any intellectual property right of ABPathfinder or third parties. Unless otherwise provided herein, the content of the Site may not be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way without the prior written permission of ABPathfinder, except that, subject to your compliance with the Terms of Service, ABPathfinder authorizes you to view content to which you have access through registration and/or subscription. For text articles only, you may download or print one copy of the article solely for your personal, non-commercial use so long as you preserve the copyright ownership and year information provided in the article.
The content on this Site is protected by United States and foreign intellectual property laws. Any violation of ABPathfinder’s rights or the rights of its licensees and licensors is a breach of this Agreement.
USERS ARE PROHIBITED FROM ATTEMPTING TO DEFEAT, BYPASS, OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS EMPLOYED BY THE SITE TO PROTECT THESE PROPRIETARY RIGHTS.
Electronic Delivery Statement and Your Consent
Content that You Supply
ABPathfinder may allow you to supply content to the Site or its functions. There are two categories of user supplied content: (a) content that a user uploads to the Site that is meant to facilitate the user’s use of the Site’s content and services, but that is not meant for public distribution; and (b) content that a user uploads to the Site for public display. Content uploaded by a user for that user’s use only will be placed in a user specific “file cabinet”, and ABPathfinder will only provide access to such content to the user that uploads it, or such third parties as you designate and have duly registered with the site. While ABPathfinder will take all reasonable steps to protect the privacy of content stored in a users’ “file cabinet”, ANY CONTENT YOU UPLOAD TO YOUR FILE CABINET IS UPLOADED AT YOUR OWN RISK.
In consideration of being allowed to use the public forums, you agree not to post any content that violates these terms, any applicable laws, or the content guidelines. Content that violates applicable rules may be removed and your registration or subscription may be consequently terminated.
If you post any content on any public area of the Site or otherwise transmit to ABPathfinder any content, you grant us and our affiliate companies the perpetual, irrevocable, sublicensable, and royalty-free right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge. If you wish to keep rights in any content you post, then do not submit them to ABPathfinder in a public area.
ABPathfinder reserves the right, but is not required to, record dialogue in the public forums, investigate allegations of violations of this Agreement, remove any content you supply which violates these Terms of Service, and terminate the user accounts of violators of this Agreement.
If you are an investigator or health care professional you may not provide ABPathfinder any protected health information.ABPathfinder is not responsible for any protected health information supplied on this site.
No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to edit or to refuse to post submitted content and the right to remove any content for any reason at any time.
Third Party Sites and Advertisers
ABPathfinder may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that ABPathfinder is not responsible for any claim or loss due to a third party site or any advertiser.
ABPathfinder provides users with information on therapy methods and treatment based on the principles of Applied Behavior Analysis (“ABA”). Since ABPathfinder cannot verify how programs provided by ABPathfinder are used, ABPathfinder cannot be held responsible or liable in any way, shape, or form for planning, directing, or monitoring ABA programs.
THIS SITE IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE YOU SHOULD BE SEEKING FOR A CHILD. In developing our program, ABPathfinder has used reasonable efforts to make our program consistent with the consumer guidelines published by the Autism Special Interest Group of the Association for Behavior Analysis International (2007) (which identifies consumer rights and specific competencies that are required to plan, direct, and monitor effective ABA programs).
Parents and professionals have access to a wide array of tools to support their intervention efforts such as curriculum, manuals, and written sample programs. Such tools should be used with professional support and supervision. ABPathfinder content is an example of such tool.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE AND CONTENT ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT (II) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY MEDICAL PRODUCT OR SERVICE BY ABPATHFINDER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS. ADDITIONALLY, THIS SITE SHOULD NOT BE USED TO ATTEMPT TO DIAGNOSE AUTISM OR ANY OTHER MEDICAL CONDITION, OR TO ATTEMPT TO ASSESS THE STAGE OR OTHER MEDICAL ASPECT OF ANY PERSON DIAGNOSED WITH AUTISM. All content on this Site is provided for informational purposes only. This content is not intended to substitute medical professional advice. You should consult a medical professional with any questions you may have regarding a medical condition or treatment. DO NOT DELAY SEEKING ADVICE FROM A MEDICAL PROFESSIONAL BECAUSE OF CONTENT RECEIVED FROM THIS SITE. ABPathfinder provides this information and content on this site for educational purposes only. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
ABPathfinder is not responsible for updating out-of-date or older Site content. All content and information is provided for informational purposes only and a professional should be consulted prior to relying on subject matter on this Site. While we may periodically update or correct information in this Site, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ITS ACCURACY, CURRENCY OR COMPLETENESS, AND WE DO NOT INTEND TO ROUTINELY UPDATE THIS INFORMATION.
Disclaimers of Warranties
Your use of this Site and any linked sites is at your own risk. We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, CURRENT, COMPLETE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND ABPATHFINDER’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF THIS AGREEMENT BY ABPATHFINDER SHALL BE TO DISCONTINUE USE OF THE SITE, CONTENT AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY NOT ASSERT CLAIMS FOR MONEY DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR COMPANY AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby release and forever discharge ABPathfinder and its respective officers, directors, shareholders, employees and agents, of and from all actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, guarantees, claims and demands whatsoever that you had, now have or hereafter can, shall or may have of or by an reason of or in any way arising out of any cause, matter or thing whatsoever existing up to the present time and, in particular, without in any way limiting the generality of the foregoing, for and by reason of or in any way arising out of your use of the Site, or the Site’s content or services or your violation of these Terms & Conditions. You agree to defend, indemnify, and hold harmless us and our affiliates, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site or any of the Site’s content or services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions in our Copyright Policy on how to contact us to report possible copyright infringement.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the state of Kansas, USA, without regard to its conflict of laws rules, and US federal law govern these Terms of Service, its subject matter, your use of the Site, and any claim or dispute that you may have against us, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Kansas, USA in the County of Johnson, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF KANSAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to terminate your use of this Site if you violate the Terms of Service or any rules or guidelines posted on the Site or for any other reason in our discretion.
You may not assign your registration or subscription to any third person.
Changes to the Terms of Service
We may change the Terms of Service at any time. You can review the most current version of the Terms of Service by clicking on the Site’s “Terms of Service” link. If you continue to use this Site after we make changes to the Terms of Service, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes. The date of the last revision appears below.
If any provision (or portion thereof) of these Terms of Service conflicts with applicable law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, then (a) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of these Terms of Service will remain in full force and effect.
Original: October 14, 2012
Modified: January 10, 2014