The Special Needs Spa, LLC
PCS and Boardmaker are trademarks of Tobii Dynavox LLC. All rights reserved. Used with permission.
By using our website, you hereby consent to our disclaimer and agree to its terms.
This site disclaimer was last updated on 2/10/2023. Should we update, amend or make any changes to this document, those changes will be posted here.
Website Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service (“Terms”) apply when you access or use our websites and mobile applications (collectively, the “Site”) owned by The Special Needs Spa, LLC (“SNS,” “Company,” “we,” “us,” or “our”) and the services, content, and materials made available through our Site (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise.
We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following any notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
All questions or comments about the Services should be directed to email@example.com.
These Services are not targeted toward, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and Conditions, and that, in doing so, you will not violate any other agreement to which you are a party. If you are under the age of 18 and wish to use the Services, please contact firstname.lastname@example.org to have a parent or guardian provide agreement to the Terms.
EARNINGS AND INCOME DISCLAIMER.
The Company cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What we can guarantee is your satisfaction with our products. We give you a 30-day satisfaction guarantee on the products we sell, so if you are not happy for any reason with the quality of our products, just ask for your money back (*per refund requirements specified in our Refund Policy). You should know that all products, programs, and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or in any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions, or results, at any time, under any circumstance.
These policies and procedures apply to all SNS products sold on the Site or any other site owned by SNS that includes a link to this website.
To access and use certain areas or features of the Site, you may be required to register for an account. If you create an account via our Site, you agree to: (a) provide us with accurate, current, and complete information; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) do not share your account with others; (d) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services. Further, you agree that SNS may store and use the information you provide for use in maintaining and billing fees to your Account.
TERMS OF SALE.
Access to certain materials, video, and other course content on the Site is made available for purchase (“Premium Services”). Your payment for any access to any Premium Services is subject to the following terms:
5.1 Premium Services
- Trial Subscriptions: Your monthly membership may start with a trial. Any trial period of your membership lasts as long as is specified during sign-up. For combinations with other offers, restrictions may apply. Trial memberships are for new and certain former members only. The Company reserves the right, in its absolute discretion, to determine your trial eligibility.
- Monthly Membership Programs: Any monthly membership programs, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have internet access and provide us with a current, valid, and accepted method of payment (“Payment Method”) to use the Services. We will bill the monthly membership fee to the Payment Method used when signing up unless updated or changed by the subscriber. You must cancel your membership 10 business days before it renews each month to avoid billing of the next month’s membership fees to your payment method.
- Annual Subscriptions. Any annual subscription programs will continue on an annual basis unless and until you cancel your membership or we terminate it. If you do not notify the Company that you wish to cancel your subscription 10 business days before it renews, the Annual Subscription will automatically renew at the then current subscription rate.
- Programs and Courses. Upon payment in full for a program or course, you will receive access to the program or course that you purchased for the duration of the time specific to the course offering.
- Live and Virtual Ticketed Events. Upon payment in full for a Live or Virtual Ticketed Event, you will receive access to the event that you purchased for the duration of the event. There are no refunds on Ticketed Events.
5.2 Price and Payment Plans
- The price for any Premium Services will be made available via the Site at the time of purchase. You may pay for access to the Premium Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.
- If you select an installment payment plan, you hereby grant the Company permission to charge the applicable Premium Services fee to your designated payment method automatically at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete, and accurate.
- Only valid methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter to proceed with your order.
5.3 Payment Methods Accepted
In addition to options outlined in Section 25 below, the Company accepts the following forms of payment:
- All major credit cards (American Express, Discover, MasterCard, Visa)
- PayPal (Only for lump sum payments. Not available for recurring payments)
- Bank Transfer (Only for lump sum payments. Not available for recurring payments. Contact email@example.com for instructions on how to make bank transfers. )
REFUNDS, CANCELLATIONS, AND RETURNS.
Please consult our refund policy at https://specialneedsspa.com/refunds (“Refund Policy”) for information regarding any refunds that may be available for Premium Services. To be eligible for a refund, you must make a refund request through our customer service team firstname.lastname@example.org within the applicable time period set forth in the Refund Policy.
Other than in connection with our Refund Policy, all sales are final, and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.
A failure to pay an installment payment related to any of the Premium Services may result in the immediate suspension of termination of all Services. Upon suspension or termination, you will no longer be able to access your account and/or any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion, and any scheduled automatic renewals will not occur.
In the event of an error that results in an incorrect charge, we reserve the right to correct such error(s) and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event they are later determined to be payable on such sale, and the Company reserves the right to collect such taxes or other fees from you at any time.
6.2. Returns of Physical Product
Our 100% money back guarantee (the “Guarantee”) covers the price of the product only. The Guarantee does not cover any shipping and handling fees. Any refunds of physical products will therefore not include any shipping and handling fees.
Once a return is received or a valid refund request is submitted, the refund process will take no more than thirty (30) days. All refunds will be either returned to the original credit card OR mailed in check form to the billing name and address. International orders will be refunded back to the original credit card, and PayPal orders will be credited back to the PayPal account.
You have THIRTY (30) Days from the date of the original purchase to return the product to receive your refund. Any return received after the THIRTY (30) DAY time limit will not be processed.
To ensure your product is not lost or damaged, we strongly recommend sending the returned product via certified mail with a tracking number. We cannot issue a refund if we do not receive the product back, and the customer does not have proof that the product was returned.
AUTOMATIC RENEWAL TERMS.
Certain Premium Services are ongoing subscriptions (“Subscriptions”). By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. If you do not wish for your account to renew automatically, or if you want to change or cancel your Subscription, please email us at email@example.com You must cancel within thirty (30) days after your Subscription period begins to be eligible for a refund. If you cancel your Subscription within the specified 30 day period after your Subscription period begins, your Subscription will be terminated immediately, and you will no longer be able to access the Subscription Services.
7.1. Trial Memberships
Trial memberships will be billed at the then-current Subscription rates after the trial period ends. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
7.2. Monthly Subscriptions
Monthly Subscriptions will automatically renew each month at the stated price until the subscription buyer notifies the company that they wish to cancel.
7.3. Annual Subscriptions
Annual Subscriptions will automatically renew each year at the stated price until the subscription buyer notifies the company that they wish to cancel.
Upon payment in full for a program advertised as “Lifetime Access,” you will receive access to the program that you purchased for the duration of the time the Company operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends. For Subscription programs, you will only receive access to the Services during the term of your Subscription, subject to the requirement to be in “good standing” with all other programs set forth in Section 4.1 above.
LIVE STREAMS: LIMITATION ON LIABILITY.
LIVE STREAMS AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LIVE STREAM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SNS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LIVE STREAM WILL BE UNINTERRUPTED OR ERROR-FREE.
SNS is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received on account of technical problems or traffic congestion online or on the Internet or at any Web site, or any combination thereof including any injury or damage to customer’s or any other person’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any SNS-owned web properties. If, for any reason, the stream is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of a live stream offer, SNS reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any subscription. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SNS WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF COMPANY’S NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF COMPANY’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
USER CONTENT: SOCIAL MEDIA GROUPS AND COMMUNITIES.
The Services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit, or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.
By submitting or posting User Content, you grant SNS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content via the Services and any other medium. Further, you acknowledge and agree that SNS may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title, and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to SNS that you grant in these Terms.
Individuals from all backgrounds are welcome here. We have tribe members of all skill and experience levels. We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of tribe guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global tribe, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish or send through the Services any User Content that
- is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
- would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national, or international law;
- displays, describes, or encourages usage of any product we sell in a manner that could be offensive, inappropriate, or harmful to SNS or any user;
- may violate the publicity, privacy, or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- makes false or misleading statements, claims, or depictions about a person, company, product, or service;
- does not clearly and prominently disclose any material connections you may have to SNS or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of SNS or such third-party brand or seller);
- may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- contains viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code; and
- in the sole judgment of SNS, restricts or inhibits any other person from using or enjoying the Services or which may expose SNS or its users to any harm or liability of any type.
SNS takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party or for any loss or damage thereto, nor is SNS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.
Although SNS has no obligation to screen, edit, or monitor any of the User Content posted on the Services, SNS reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about the Services or SNS (“Feedback”). Feedback is non-confidential and shall become the sole property of SNS. Company shall own, and you hereby assign to Company, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and SNS shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by SNS (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, SNS of any Feedback.
By using the Services, you agree to abide by the following SNS community ideals:
- Individuals from all backgrounds are welcome. We have members of all skill and experience levels.
- Keep it respectful. Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
- No pitching to the group. We have a strict “no shopping for customers” policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be removed. You should view the group as your peers, not your leads.
- No Links. Links to outside information or to restricted data will be removed.
- No gated content. Content posted in the groups cannot be used to harvest leads in any way. If you need feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
- Respect confidentiality. Content gathered in our online community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
- Keep it on topic. We reserve the right to remove posts based on off-topic content or offensive content.
- Partnering with other members. Access to this group does not mean that SNS endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group. Don’t assume everyone is trustworthy.
- Report posts that are breaking group policies. Due to the large number of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our tribe manager(s) in the comments, or reach out to our tribe manager directly via private message so our team can review them.
You agree that you will not use the Services in violation of any law, contract, or intellectual property or other third party right. You further agree not to
- use the Services in any manner that could damage, disable, overburden, or impair the Services;
- send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails;
- use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- introduce to the Services any virus, trojan worms, logic bombs, or other harmful material;
- circumvent measures employed to prevent or limit access to any area, content, or feature of the Services;
- use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Company;
- engage in any harassing, intimidating, predatory, or stalking conduct;
- develop any third-party applications that interact with User Content and the Services; or
- “Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of SNS.
12.1 Copyright and Limited License
Unless otherwise indicated, the Services, including all content, video, and other materials on or made available via the Services, are the proprietary property of the Company and its licensors and are protected by U.S. and international copyright laws. Any use, copying, redistribution, and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the proprietary property of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video, and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.
You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to (a) resell, lease, rent, or sublicense any Services or any access to the Services or any content, video, and other materials on or made available via the Services; (b) copy, distribute, publicly perform, or publicly display any Services or any content, video, and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video, and other materials on or made available via the Services; (d) download (other than page caching) any content, video, and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video, and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
You agree that SNS, including but not limited to Jennifer Porter and The Special Needs Spa, LLC products and services, graphics, user interface, audio clips, video clips, editorial content, templates, and the scripts and software used to implement these Services, contains proprietary information and material that is owned by SNS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of these Services may be reproduced in any form or by any means, without expressed written permission from SNS. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Jennifer Porter or The Special Needs Spa, LLC brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of these Terms, SNS and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Jennifer Porter or The Special Needs Spa, LLC brand at any time without notice. In no event will SNS be liable for making these changes. SNS may also impose limits on the use of or access to certain features or portions of our services, in any case and without notice or liability.
All copyrights in and to SNS (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by the Company and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE WEBSITE OR ANY PROGRAM OF SNS, EXCEPT AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
12.2 Trademarks, Service Marks, and Trade Dress.
Jennifer Porter, the The Special Needs Spa, LLC logos, other trademarks, service marks, graphics, logos, the look and feel of the Services, and any other product or service name, logo, or slogan used in connection with or contained in the Services are trademarks, service marks, and/or trade dress of the Company or our suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written authorization of the Company or the applicable trademark holder. Any authorized use of such trademarks, service marks, and/or trade dress must be in accordance with any guidelines provided by the Company.
CONFIDENTIAL INFORMATION; NON-DISCLOSURE.
You acknowledge that certain content, videos, and other materials on, or made available via, the Services constitute the Confidential Information of the Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating to our courses, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that is not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.
Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with these Terms..
The foregoing obligations shall not apply to the extent that Confidential Information (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of these Terms; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of your use of the Services.
You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or the Services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of SNS to link to the Site without the express written permission of the Company. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found within the Services, the content of any text or the layout/design of any page or form contained within the Services, without Company’s express written consent. Except as expressly stated in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any intellectual property right of the Company or any third party.
REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
- Address: 315 E 5th St., STE 202, Waterloo, IA 50703
- Telephone Number: (319) 382-6129
- E-Mail Address: Help@specialneedsspa.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by SNS or the alleged infringer as the result of the Company relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
THIRD-PARTY CONTENT, ADVERTISEMENTS, AND PROMOTIONS.
The Company may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). SNS does not control, endorse, or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that SNS is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement, or adoption by SNS of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties, or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS THE COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER. THE SERVICES SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SNS, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You agree to defend, indemnify and hold harmless the Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees, and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
NO THIRD-PARTY BENEFICIARIES.
These Terms are for the benefit of, and will be enforceable by, the Company and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
MODIFICATIONS TO THE SERVICES.
SNS reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that the Company will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
21.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and SNS agree (a) to waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and the Company’s respective rights to a jury trial. Instead, you and the Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
21.2. No Class Arbitrations, Class Actions, or Representative Actions
You and the Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and SNS and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and the Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
21.3. Federal Arbitration Act
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
21.4. Notice; Informal Dispute Resolution
You and the Company agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by certified mail or courier to The Special Needs Spa, LLC, 315 E 5th St., STE 202, Waterloo, IA 50703. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your SNS account, and, if different, an email address at which you can be contacted; (b) a description in reasonable detail of the nature or basis of the Dispute; and (c) the specific relief you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute; (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Company may, as appropriate and in accordance with this Section 21, commence an arbitration proceeding.
Except for Disputes arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and the Company agree that any Dispute must be commenced or filed by you or SNS within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and SNS will no longer have the right to assert such claim regarding the Dispute). You and the Company agree that (a) any arbitration will occur in Linn County, Iowa; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Ohio and the United States, respectively, sitting in the Linn County, Iowa, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
21.6. Authority of Arbitrator
As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable; and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
21.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause or provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 21 will remain valid and enforceable. Further, the waivers set forth in Section 21.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
21.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 21by writing to: The Special Needs Spa, LLC 315 E 5th St., STE 202, Waterloo, IA 50703. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
GOVERNING LAW; FORUM.
Any dispute between you and the Company regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Ohio and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and SNS agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Linn County, Iowa (except for small claims disputes, which may be filed in the jurisdiction in which you reside), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
SNS reserves the right, without advance notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
SNS may, in its sole discretion, from time to accept personal checks as payment. Should you offer and SNS accept such offer to pay via personal check, the transaction is subject to the following terms:
- All checks are held for ten (10) business days. Orders placed with a check will be held for ten (10) business days. Once ten (10) business days is complete, the order will be processed.
- All returned checks will be charged a $25 USD return check fee.
- All checks and money orders must be sent in US funds.
- All checks and money orders must be sent to The Special Needs Spa, LLC, Attn: Jennifer Porter, 315 E 5th St., STE 202, Waterloo, IA 50703.
If you have questions or comments regarding The Special Needs Spa, LLC products and services, please email us at firstname.lastname@example.org.