By accessing and or using any of Breakthrough ABA’s internet locations, including www.breakthroughaba.com, and the pages, features, tools materials and information therein (collectively referred to as the “Websites”) you agree to comply with and be bound by the terms and conditions set forth below. These terms and conditions shall form the sole and exclusive Agreement between you and Breakthrough ABA regarding the Websites. If you do not agree to any part of this Agreement, you are not permitted to access or use the Websites.
1. Acceptance. You agree to the terms and conditions herein with respect to your use of the Websites These terms and conditions constitute the entire and only agreement between you and Breakthrough ABA with respect to your use of the Websites, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Websites. We may amend these terms and conditions from time-to-time, in our sole discretion, without specific notice to you. The latest version of the terms and conditions will be posted on the Websites, and you should review this prior to using the Websites. By your continued use of the any of the Websites, you hereby agree to all the terms and conditions effective at that time. Therefore, you should regularly check this page for updates and/or changes. The Websites are available only to individuals that can enter into legally binding contracts under applicable law.
2. Description of Services. The Websites provide information about Breakthrough ABA’s services and general information of interest to the autism and developmentally disabled communities.
3. Disclaimer. The Websites and all features and information therein are provided on an “as is” and “as available” basis. No warranties are made or intended by Breakthrough ABA and any and all warranties, whether express or implied, statutory or otherwise, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, title, non-infringement of intellectual property and/or fitness for a particular purpose). WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY, WHETHER ARISING UNDER CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES. In particular, but not as a limitation thereof, Breakthrough ABA makes no warranty that: (A) the Websites, Content and/or AHCA services will meet your requirements or be satisfactory to you; (B) the Websites will be uninterrupted, timely, secure or error-free or that any errors or defects will be corrected; or (C) the results that may be obtained from the use of the Websites will be accurate or reliable. The Websites may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the Websites. We hereby disclaim any and all liability for harm resulting from downloading or accessing any content through the Websites including, without limitation, for harm caused by viruses, worms, trojan houses or other similar devices. No advice or information, whether oral or written, obtained by you from Breakthrough ABA through or from the Websites shall create any warranty.
The Websites are strictly for informational and educational purposes only and should not be considered and do not constitute, clinical, legal, reimbursement, business, or other professional advice. Opinions, data and other information contained on the Websites are not necessarily our views and we are not responsible for third-party information. Providers should note that laws, regulations, and clinical and coverage guidelines are complex, often evolving and updated frequently, and, therefore, providers should consult with legal counsel, clinical specialists or other advisors with any questions.
In addition, if you have medical question about the type of coverage or treatment you or another individual should receive, you should seek the advice of a physician or qualified health provider or other medical professional.
4. Limitation of Liability. You understand and agree, to the fullest extent permissible by law, neither we nor any affiliate, successor or assignee, nor any of our or their officers, directors, trustees, employees, agents, licensors, representatives, advertisers or promotional partners shall be liable for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising from: (i) your use or inability to use the Websites, regardless of the form of action, legal theory or basis of any claim, whether or not any party has been advised of the possibility of damages. If any limitation of remedy, damages or liability is prohibited or restricted by law, we are entitled to the maximum disclaimers and limitations permitted under this agreement, at law and in equity; however, in no event shall our liability to you for damages or otherwise and your remedy will be equal to the amounts you paid, if any, even if you claim that remedy fails of its essential purpose some jurisdictions do not allow the exclusion of certain warranties or certain limitations on damages and remedies, so some of these exclusions and limitations may not apply to you.
If you have a dispute with arising out of or relating in any way to the Websites, termination of your use of the Websites is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You agree we have no other obligation, liability or responsibility to you or any other party. You agree that if you do bring any action against Breakthrough ABA arising out of or relating in any way to the Websites you will only sue us as an individual. You agree that you will not file a class action or participate in a class action. You waive any right to a trial by jury.
5. Indemnification. You agree to defend and indemnify us and any of our affiliates, as well as our and their officers, directors, trustees, employees, agents, licensors, representatives and advertisers against any and all demands, claims and actions (including, without limitation, any claim you improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”). You also agree to hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from or arising from or associated with: (i) your breach or violation of this Agreement; (ii) your breach or violation of any law or regulation or infringement, misappropriation or violation of the rights of any other party, (iii) your use of the Websites, including any Post, Content, User Uploaded Data, messages or any other materials on the Websites. . We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.
6. Third Party Websites. The Websites may provide links to other Internet websites and/or resources. Because Breakthrough ABA has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Breakthrough ABA is not responsible for the availability of such third-party websites and/or resources. If you have any concerns regarding third party websites or the content located on such sites, you should contact those third parties and/or review the terms and conditions and privacy policies of those third parties. Furthermore, Breakthrough ABA does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
10. Notice and procedure for Making Claims of Copyright Infringement. If you believe that a Posting or User Uploaded Data infringes on your copyrighted work, you may submit to us a copyright infringement notification pursuant to the Digital Millennium Copyright Act (“DMCA”) DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT.
Pursuant to the DMCA, all notifications of claimed copyright infringement by Content on our Service should be sent ONLY to our Designated Agent. Written notification of copyright infringement must be submitted to our Designated Agent at the following address:
ATTN: Heba Salem
12246 Queenston BLVD #G
Houston, TX 77095
Facsimile Number of Designated Agent: (346) 299-9049
E-mail Address of Designated Agent: [email protected]
Your notification of claimed infringement must include the following information: (1) your electronic or physical signature; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SENDING US A COUNTER-NOTICE IF YOUR POSTING WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING
If you posted material that was removed in response to a notice of infringement and you believe the material was removed due to mistake or misidentification, you may request that were place the posting by sending us a counter-notice addressed to our Designated Agent as shown above.
Your counter-notice must be a written communication and must include substantially the following information: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter-notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days for such person to respond.
11. Proprietary Rights. Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and is protected under U.S. Federal and State, as well as any foreign laws, regulations and international treaties that apply. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any other person or entity without the prior express written consent of Breakthrough ABA. “Marks” refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. You may not alter, delete, obscure or conceal any copyright or other notices applicable to Content, impair or attempt to neither circumvent or alter any digital rights management or other technology, nor use Content or the Breakthrough ABA services in violation of this Agreement or any laws or regulations. You may not use, store or do anything with Content, unless expressly permitted under this Agreement. You may not use any computerized or automatic mechanism, to access, scrape, extract or download any content without our prior written consent or use Breakthrough ABA services in an illegal or harmful manner.
12. User Uploaded Data. User Uploaded Data must strictly follow the instructions and guidelines made available to you by Breakthrough ABA. User Uploaded Data shall be the most current and accurate available to you. You represent and warrant that, under no circumstances will you submit User Uploaded Data which you know or have reason to believe is inaccurate, misleading, obtained in an unauthorized manner or is a violation of applicable law. As set forth elsewhere herein, please retain copies of all User Uploaded Data that you submit, as Breakthrough ABA is not required to retain copies or backups thereof, if such data becomes lost or destroyed for any reason.
13. Choice of Law. Your use of the Websites and this Agreement is governed and will be enforced under the laws of Texas applicable to contracts made, executed and wholly performed in the state of Texas. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the state of Texas and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods apply, and their applicability is expressly excluded. You agree printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.
14. Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, such provision shall be severed from the remainder of this Agreement, and the remaining portions of the Agreement shall remain in full force and effect. Breakthrough ABA’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any cause of action which you may have with respect to the Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
15. Customer Service. If you have any questions, please visit our “Contact Us” page