Terms + Conditions

PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY BEFORE USING THIS

WEBSITE.

By using this website, you agree to fully comply with and be bound by the

following Agreement each time you use this website. If you do not agree to

these Terms and Conditions, please do not use the website.

Overview

Effective Date: [ENTER DATE 30 Days AFTER YOU POST ON WEBSITE (see notes under “Change

to Our Terms and Conditions” section]

This web page represents a legal document and is the Terms and Conditions (“Terms”) for our

website The Behavior Coach (“Website”). By using our Website, you agree to fully

comply with and be bound by the following Agreement each time you use our Website. Please

review the following terms carefully.

Definitions

The terms “we”, “us”, and “our” refer to The Behavior Coach. The term “Site” refers to

yourbehaviorcoach.com The term “user,” “you” and “your” refers to site visitors, customers and any

other users of the site.

All text, information, graphics, design, photos, images, materials, documents, data and

intellectual property accessible on or offered through our Website or Services, are collectively

known as our “Content” is our property and is protected by the United States intellectual

property laws. On the Site we provide [INSERT INFORMATION PROVIDED BY YOUR COMPANY]

(the “Service”).

Use of the Site including all materials presented herein and all online services provided by us,

whether made available for purchase or not is subject to the following Terms. These Terms

apply to all site visitors, customers, and all other users of the site. By using the Site or Service,

you agree to these Terms, without modification, and acknowledge reading them.

Intellectual Property Rights

The Site and/or Service contain intellectual property owned by [INSERT COMPANY NAME, are

you an LLC? Enter name of your LLC here], including, without limitation, trademarks,

copyrights, proprietary information and other intellectual property as well as the Autism

Journey and Beyond name, logo, all designs, text, graphics, other files, and the selection and

arrangement thereof, also termed the “look and feel.” Your use of our Website or Services does

not constitute any right or license for you to use our service marks or trademarks without the

prior written permission of Autism and Beyond.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative

works from, distribute, display, reproduce or perform, or in any way exploit in any format

whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without

our prior written consent. We reserve the right to immediately remove you from the Site

and/or Service, without refund, if you are found to be violating this intellectual property policy.

You are permitted to enjoy the content of our website for your personal, non-commercial use.

You are permitted to hypertext link to the content of our website provided that you give 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.

Our content, as found within our Website and Services, is protected under United States

intellectual property rights laws. Copying, redistribution, use or publication for commercial use

by you of any such Content is a violation of our intellectual property rights. Your use of our

Website and Services does not grant you any ownership right to our Content.

Any request for written permission to use our Content, or any other intellectual property or

property belonging to us, should be made before you use Content by sending an email to

admin@ajandbeyond.com.

Limited License

We grant you a nonexclusive, nontransferable, revocable license to access and use our Website

and Services strictly in accordance with this Agreement. Your use of our Website and Services

are solely for internal, personal, noncommercial purposes, unless otherwise provided in this

Agreement. No printout or electronic version of any part of our Website or Services may be

used by you in any litigation or arbitration matter whatsoever under any circumstances.

Your License to Us

You grant us a license to use the information and materials you post to our Website. By

posting, displaying, transmitting, performing, or otherwise distributing information or other

content (“Visitor Content”) to our Website, you are granting us and any affiliates, a license to

use the Visitor Content in connection with the operation of our business, including without

limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and

reformat your Visitor content. You understand and agree that you will not be compensated for

any Visitor Content. By posting Visitor Content on our Website or Service, you warrant and

represent that you own the rights to the Visitor Content or are authorized to post, display,

distribute, perform, or transmit Visitor Content.

Lawful Purposes

You may use the Site and/or Service for lawful purposes only. You agree to use the Site and/or

Service and to purchase services or products through the Site for legitimate, non-commercial

purposes only. You shall not post or transmit through the Site and/or Service any material

which violates or infringes the rights of others, encourages conduct that would constitute a

crime or for fraudulent purposes.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer

or franchisor-franchisee relationship between you and Autism Journey and Beyond.

Our Privacy Policy is considered part of this Agreement and available on this website. You must

review our Privacy Policy by clicking on this [link – HYPERLINK TO PRIVACY POLICY]. If you do

not accept and agree to being bound by these Terms, including the www.ajandbeyond.com

Choice of Law and Jurisdiction

These Terms will be treated as if it were executed and performed in [City], New York, and will

be governed by and construed in accordance with the laws of New York without regard to

conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and

venue of such courts. Any cause of action by you with respect to our Website or Service must

be instituted within one (1) year after the cause of action arose or be forever waived and

barred.

Dispute Resolution

(OPTIONAL - US Binding Arbitration Clause)

Any legal controversy or claim arising from or relating to these Terms and/or our Service,

excluding legal action taken by us to collect or recover damages for, or obtain any injunction

relating to website operations, intellectual property, and our Service will be settled solely by

binding arbitration in accordance with the commercial arbitration rules of the American

Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis,

and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in [City], New York, and judgment on the arbitration award

may be entered into any court having jurisdiction thereof. You or we may seek any interim or

preliminary relief from a court of competent jurisdiction in [City], New York necessary to

protect the rights or property of you and us pending the completion of arbitration.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and take

any action we deem appropriate, including but not limited to reporting any suspected unlawful

activity to law enforcement officials, regulators, or other third parties and disclosing any

information necessary or appropriate to such persons or entities relating to your profile, email

addresses, usage history, posted materials, IP addresses, and traffic information.

Links to Other Websites

Our Website may from time to time contain links to third party websites. Inclusion of links for

any website on our Website does not mean that we endorse, guarantee, warrant, or

recommend the services, information, content, and/or data of such third-party websites.

Autism Journey and Beyond has no control over the privacy practices of third party websites;

you access any third-party websites at your own risk. We recommend that you review the

collected and how it is used.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors,

employees, subcontractors, successors, assigns, third party suppliers of information and

documents, attorneys, advertisers, product and service providers, and affiliates free from any

liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation

of these Terms or use of our Website or Services.

Severability and Survival

Should any part of these terms be held invalid or unenforceable, that portion will be construed

consistent with applicable law and the remaining portions will remain in full force and effect.

To the extent that any Content is in conflict or inconsistent with this Agreement, this

Agreement will take precedence. Our failure to enforce any provision of this Agreement will not

be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights

under this Agreement will survive any termination of this Agreement.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES

ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, AUTISM JOURNEY AND

BEYOND IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF

PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION,

DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM

FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR

DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO,

ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR

NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH

LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL

LIABILITY. THE FOREGOING APPLIES EVEN IF AUTISM JOURNEY AND BEYOND HAS BEEN

ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES

THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR

LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT

SHALL AUTISM JOURNEY AND BEYOND’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL

PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO

PURCHASE HAS BEEN MADE BY YOU AUTISM JOURNEY AND BEYOND’S CUMULATIVE LIABILITY

TO YOU SHALL NOT EXCEED $150.

No Warranty or Liability

The information presented on www.ajandbyond.com is provided “as is” and “as available,”

without representation or warranty of any kind. Autism Journey and Beyond does not

represent or warrant that such information is or will be always current, complete, or accurate.

Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Autism Journey and Beyond is not liable to you or others, in any way or for any

damages of any kind, arising from the use of www.ajandbyond.com, including, but not limited

to, liability or damages caused by viruses contained within electronic files of this site or any

linked site, regardless of prior notice to our office.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advanced

notice of the changes by email or in writing. We will also post these changes on our website.

These changes will become effective 30 days after receiving the notice. To avoid doubt, no

unilateral amendment will retroactively change agreed dispute-resolution provisions of these

Terms and Conditions, if any, including, for example, arbitration provisions for then-pending

disputes unless the parties expressly agree otherwise. Your continued use of our Website,

Services, and Products after any change to these Terms and Conditions and notifying you will

constitute your acceptance of such change. If you do not agree with the changes to these Terms

and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

**Note: If you are posting Terms and Conditions on your website for the first time, post it to

your website for 30 days, your effective date should be 30 Days from the date you post it for

the first time. The Updated Date should be the date you post it on your website for the first

time.

Each time you update your Terms and Conditions, post the updated copy on your website 30

days before they become effective to comply with the “Changes to Our “Terms and Conditions”

section.

UPDATED: [ENTER DATE POSTED ON WEBSITE]