TERMS & CONDITIONS

ABA Therapy Services for Children with Autism

Terms of Service

The Service is protected by copyright pursuant to U.S. and international copyright laws, and all rights are reserved by Arches ABA Therapy.

These terms and conditions (these “Terms”) govern your use the archesaba.com website (the “Site”), the All Arches ABA Therapy newsletter (the “Newsletter”), and any materials, online communications, and other information that is or becomes available on the website. The Service is provided by Arches ABA Therapy, LLC. By accessing the Site or otherwise using the Service, you accept and agree to be bound by these Terms, without limitation or qualification. If you do not accept any of these Terms, do not use the Service.

Your Obligations

You may not use the Service for any unlawful purpose or in violation of these Terms. While using the Service, you shall abide by all applicable federal, state, or local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Arches ABA Therapy authorizes you to view and download the materials on the Service solely for your personal, non-commercial use. You may not sell or modify any information on the Service or reproduce, display, publicly perform, distribute, or otherwise use such materials in any way for any public or commercial purpose without the advance written permission of Arches ABA Therapy.

General Disclaimer

The Service is designed to provide users with information to choose therapeutic education options for their children, understand the mental health industry, and find consultants and support in their community. The information available on the Service (“Information”) is provided free of charge as a user convenience and is to be used for informational purposes only. Much of the Information is provided by third parties, and may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. Arches ABA Therapy has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available through the Service, nor does Arches ABA Therapy guarantee the accuracy or completeness of any Information. Arches ABA Therapy is not responsible for any errors, inaccuracies, omissions or deficiencies in the Information. The Information is provided “as is,” with no guarantees of completeness, non-infringement, accuracy or timeliness, and without warranties of any kind, express or implied. You therefore assume sole responsibility for all risks associated with the use of the Information and rely on such Information at your own risk. By using the Service, you acknowledge that Arches ABA Therapy is in no way responsible for any consequences whatsoever to anyone arising from your use or interpretation of any Information contained within or linked to from the Service. Before making decisions based on the Information, you should consultant with a professional therapist or other qualified professional, and visit any programs or treatment centers you are considering. Arches ABA Therapy does not represent that any information on the website may be downloaded outside of the United States.

Copyright Policy

Arches ABA Therapyrespects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Service, please contact Arches ABA Therapy at info@archesaba.com and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Limitation on Liability

To the extent permitted by law, under no circumstances shall Arches ABA Therapy or any of its affiliates, partners, officers, directors, employees, subsidiaries, agents, or parents be held liable for any damages, whether direct, incidental, indirect, special, or consequential damages, including, without limitation, lost use, data, revenues, time, money, profits or goodwill arising from or in connection with the use, reliance on, or performance of the information on the website, even when Arches ABA Therapy has been advised of the possibility of such damages. Arches ABA Therapy shall not be liable for damages or injury caused in whole or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise by the Service, the Information, or any third-party links therein. If you are dissatisfied with any aspect of the Service, your sole and exclusive remedy is to stop using the Service.

Arches ABA Therapy is not liable for any loss, damages, or injury resulting from your access to, inability to access, receipt of any codes from or through, or reliance on any information obtained from or through the Service.

Indemnity

As a condition of your use of the Service, you agree to indemnify Arches ABA Therapy and its affiliates, partners, officers, directors, employees, subsidiaries, and agents from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of any and all claims resulting from your use of the Service, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use. This indemnity shall include, without limitation, any claim of inaccuracy or defamation based on materials that you submit for use on the site.

Third-Party Sites

The Site and the Newsletter may contain links and references to third-party websites and resources. Arches ABA Therapy provides these links solely to assist users in locating other resources that may be of interest to them. No reference or link to a third party or a third-party website shall constitute an endorsement by Arches ABA Therapy of such third party or such third-party website. You assume sole responsibility and risk for your use of links to third-party websites. Arches ABA Therapy does not operate or control any information, content, products or services on such third-party websites. Arches ABA Therapy does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party websites.

Specific Disclaimer of Warranties

ALL MATERIALS AND SERVICES PROVIDED THROUGH THE SERVICE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AKOT MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. ARCHES ABA THERAPY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, AKOT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND INFORMATION THROUGH THE SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION ARISING FROM ANY SUCH LOSS OR INJURY.

Modification

Arches ABA Therapy shall have the right, at its sole discretion, to make improvements and/or changes to any aspect of the Service at any time and shall not be liable for the effects these alterations may have. Arches ABA Therapy also reserves the right to modify these Terms at any time without notice. Because such modifications to these Terms shall be effective immediately upon posting, and your subsequent use of the Service after such posting shall conclusively be deemed to be acceptance by you of such modifications, you should review these Terms periodically.

Privacy Policy

Arches ABA Therapy’s use of your personal information is subject to the Arches ABA Therapy Privacy Policy.

Miscellaneous

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Service; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. These Terms have been made in and shall be construed and enforced in accordance with Utah law without regard to any conflict of law principles. Any claim or dispute between you and Arches ABA Therapy, including any action to enforce these Terms, shall be brought in the federal or state courts located in New Orleans, Louisiana, and you agree to the exclusive and personal jurisdiction of these courts. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.

Copyright Information

Except where noted otherwise, all website contents Copyright © 2022 Arches ABA Therapy LLC. All rights reserved under United States and foreign law. No part of the materials on the Site or otherwise made available through the Service, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without Arches ABA Therapy’s written permission.

Newsletter Terms

The following terms and conditions apply only to subscribers of the Newsletter and to Arches ABA Therapy’s advertisers, who automatically receive the Newsletter.

By subscribing to the Newsletter, you agree to Arches ABA Therapy’s Terms of Service and Privacy Policy. The Newsletter is free to receive, and the content of the Newsletter is provided by third-party advertisers. Arches ABA Therapy may, but is not required to, edit such content for quality purposes; however, Arches ABA Therapy has no obligation to, and does not in the normal course, monitor or control such content nor guarantee the truth, currency, accuracy, or completeness thereof.

Any personal information you provide in connection with your subscription to the Newsletter is subject to the Arches ABA Therapy Privacy Policy. In addition, Arches ABA Therapy will collect, store, and use such information to manage your subscription and distribute the Newsletter to you. You are free to unsubscribe from the Newsletter at any time by choosing the “Unsubscribe” link at the bottom of all our email newsletters.

Arches ABA Therapy reserves the right to suspend, cancel or deny your subscription to the Newsletter at any time, with or without notice to you, for any reason or for no reason at all. Arches ABA Therapy reserves the right to modify, temporarily discontinue or permanently cancel the Newsletter at any time, with or without notice to you, for any reason or for no reason at all.

Advertiser and Content Provider Terms of Service

The following terms and conditions apply only to advertisers and content providers.

Service

By submitting any announcement, advertisement, or other material (each, an “Announcement”) to Arches ABA Therapy for inclusion in the Service, you agree to be bound by these Advertiser and Content Provider Terms of Service (these “Content Terms”) as well as the Terms and any other agreement, terms of service, and privacy policy that may from time to time be set forth on Arches ABA Therapy’s website or otherwise agreed to by you (collectively, the “User Agreements”), which are incorporated herein by reference. Please read these Content Terms and the User Agreements carefully. If you disagree with any of these Content Terms or any of the User Agreements, please do not submit any Announcements to Arches ABA Therapy for inclusion in the Service. For purposes of these Content Terms, “Announcements” shall include job listings and related announcements, advertisements, or other materials submitted for inclusion in the All Arches ABA Therapy at https://www.archesaba.com/join-our-team/.

Refund Policy

All advertising on the Site has a one year agreement unless otherwise . Except as expressly provided in these Content Terms, there are no refunds available once your credit card has been charged.

Representations and Warranties

By submitting any text, links, images, sound recordings, audiovisual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively, “Content”) for inclusion in any Announcement, you represent and warrant to Arches ABA Therapy that:

(a) You are the sole and exclusive owner of all right, title, and interest in and to any Content, or that you are authorized or licensed to use, assign title to, or license or sub-license any Content;
(b) The Content and all other materials you supply hereunder, and all material to which the Content links, (i) complies with all provisions of these Content Terms and the User Agreements, (ii) does not infringe upon the rights of any third party, including copyright, trademark, HIPAA, privacy, or other personal or proprietary rights, (iii) does not involve or promote tobacco, alcohol, or pornographic products or services (which Arches ABA Therapy has complete discretion to define), and (iv) is not unlawful, harmful, threatening, abusive, harassing, defamatory, disparaging, obscene, libelous, invasive of another’s privacy, racially or ethnically offensive, or hateful;
(c) The use, reproduction, or transmission of the Content will not violate any laws;
(d) The Content is not false, inaccurate, or misleading in any way; and
(e) The Content and your products or services described or advertised by the Content, and your provision thereof, comply with all applicable laws, rules, and regulations, including the laws, rules, and regulations of the jurisdiction in which you operate, and the laws, rules, and regulations of the United States and the State of Louisiana.

Content Submission; License

By submitting Content to Arches ABA Therapy, you understand that such Content will be immediately eligible for inclusion in the Newsletter or the Service, as applicable, and you grant, and represent and warrant that you have the right to grant to Arches ABA Therapy a royalty-free, fully paid, non-assessable, perpetual, irrevocable, nonexclusive, transferable, worldwide right and license (with the right to sublicense) to use, copy, perform, translate, reproduce, publish, display, and distribute, and to prepare derivative works of or incorporate into other works, such Content (in whole or in part) in connection with the Service.

Content Review and Offering

You acknowledge and agree that Arches ABA Therapy and its designees have the right (but not the obligation) in their sole discretion, for any or no reason, to review, edit, and modify any Content and refuse to include any Announcement in the Service or any Newsletter. You will not be entitled to a refund of any fees paid by you to Arches ABA Therapy if Arches ABA Therapy should edit or modify any Content pursuant to these Content Terms; provided, however, that if Arches ABA Therapy should refuse to include any Announcement in the Service or any Newsletter, you shall be entitled to a refund of any fees paid by you to Arches ABA Therapy for such Announcement. Arches ABA Therapy may in its sole discretion offer or post your Announcement and Content on any website operated or hosted by or under the brands of Arches ABA Therapy and its affiliates together with any mirror sites, enhanced sites, and co-branded editions of such sites that have been or may be developed by Arches ABA Therapyand its affiliates.

Compliance with Law.

You hereby agree to comply with all applicable international, federal, state, and local laws, rules, and regulations relevant to your services or products described or advertised in your Announcement.

Newsletter Distribution.

You hereby acknowledge that the Newsletter may be distributed at irregular intervals and the timing of such distribution will be in Arches ABA Therapy’s sole discretion and that Arches ABA Therapy shall not be liable for any delay between the submission of any Announcement and the publication of such Announcement in the Service or a Newsletter.

Disclaimer

The Service or the Newsletter may contain the following or a substantially similar disclaimer: “The appearance or content of any advertiser in our newsletter or on our website does not constitute an endorsement, representation, or affirmation of any kind of any content or the persons or the companies appearing in or referred to in our newsletter or on our website (except to the extent expressly stated).”

LEGAL LIABILITY.

YOU ARE SOLELY RESPONSIBLE FOR ANY LEGAL LIABILITY ARISING OUT OF OR RELATING TO (A) ANY ANNOUNCEMENT OR CONTENT INCLUDED THEREWITH, (B) ANY MATERIAL TO WHICH USERS CAN ACCESS DIRECTLY THROUGH ANY LINK PROVIDED AS PART OF THE CONTENT, (C) YOUR PROVISION OF YOUR PRODUCTS AND SERVICES.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

ARCHES ABA THERAPY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE NOT EXPRESSLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATION, AND AKOT WILL NOT BE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. IN NO EVENT SHALL AKOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATING IN ANY WAY TO THESE CONTENT TERMS OR THE SERVICE, EVEN IF ARCHES ABA THERAPY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Your exclusive remedy for any damages under these Content Terms relating to any Announcement shall be to receive a prompt refund of the fees you have paid for such Announcement.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ARCHES ABA THERAPY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, SUITS, LOSSES, DAMAGES, FEES, EXPENSES (INCLUDING ATTORNEYS’ FEES), INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENTS, OR OTHERWISE, ARISING FROM OR RELATING TO (A) YOUR BREACH OF ANY OF THESE CONTENT TERMS, (B) YOUR ANNOUNCEMENT, THE CONTENT, OR THE SERVICES OR PRODUCTS PROVIDED BY YOU, OR (C) YOUR VIOLATION OF ANY INTERNATIONAL, FEDERAL, STATE, OR LOCAL LAW, RULE, OR REGULATION.

Modification; Amendment.

Arches ABA Therapy may modify or amend these Content Terms at any time without notice. You agree to review these Content Terms periodically since such modifications or amendments shall be effective immediately upon posting and your subsequent use of the Service after such posting shall conclusively be deemed to constitute your acknowledgment and acceptance of such modifications or amendments.

Attorneys’ Fees.

In the event of any litigation or dispute arising from or relating to these Content Terms, the prevailing party shall be entitled to reasonable attorneys’ fees, court costs, and collection costs in addition to any other relief to which such party may be entitled.

Governing Law; Jurisdiction and Venue.

You agree that the laws of the State of Louisiana and the United States will apply to all matters relating to these Content Terms, the Newsletter, and the Service, as they would to agreements made and entered into entirely in Louisiana by Louisiana residents, notwithstanding your actual place of residence. These Content Terms may be enforced in any federal court or state court sitting in County, Louisiana, and each party hereto consents to the jurisdiction and venue of any such court and waives any argument that venue in such forum is not convenient. If either party hereto commences any action arising directly or indirectly from these Content Terms, the Newsletter, or the Service in another jurisdiction or venue, the other party to these Content Terms shall have the option of transferring the case to the above-described venue or jurisdiction or, if such transfer cannot be accomplished, to have such case dismissed without prejudice