Terms of Service

Effective Date: October 1, 2018

Welcome to the ABA Unlimited (“ABAU”) website! ABAU maintains this website (“Website”) for your personal information, education and communication. Your access to and use of this Website is subject to the following Terms of Service. Please read these Terms of Service carefully before accessing or using the Website, so that you fully understand your rights and responsibilities.

IN THE EVENT OF A BEHAVIORAL, PSYCHIATRIC OR MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ OR VIEWED ON THIS WEBSITE OR ADVICE OBTAINED THROUGH THIS WEBSITE. THIS WEBSITE DOES NOT CONTAIN BEHAVIORAL, PSYCHIATRIC OR MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.

Your Agreement

ALL PAGES WITHIN THIS WEBSITE AND ANY INFORMATION, MATERIAL, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED SUBJECT TO YOUR AGREEMENT WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PROMPTLY EXIT THIS WEBSITE.

Changes to These Terms of Service

ABAU reserves the right to modify or amend these Terms of Service at any time. All changes will be effective immediately upon their posting. Material changes will be posted conspicuously on the Website. By accessing the Website following posting of changes to the Terms of Service, you agree to all such changes.

Your Representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Service. You agree to be responsible for your use of the Website and to comply with your responsibilities and obligations as stated in these Terms of Service.

If you are not 18 years of age, you are not permitted to use this Website and must exit now.

No Medical Advice

The information contained in this Website is presented for the purpose of educating consumers on general behavior analysis topics and providing general information on ABAU.

NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO BE BEHAVIORAL, PSYCHIATRIC OR MEDICAL ADVICE FOR DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS YOUR PRIMARY SOURCE FOR HEALTH OR MEDICAL INFORMATION.

THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE AND SHOULD NOT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL OR USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN, BEHAVIOR ANALYST OR OTHER QUALIFIED HEALTH CARE PROVIDER.  UNDER NO CIRCUMSTANCES DOES ABAU DIAGNOSE MEDICAL CONDITIONS.   YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED ON THE WEBSITE. INFORMATION ON THIS WEBSITE IS INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE IN SEEKING HEALTHCARE.

INFORMATION CONTAINED IN THE WEBSITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, MENTAL HEALTH OR PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF AN EMERGENCY. ALWAYS CONSULT WITH YOUR PHYSICIAN, BEHAVIOR ANALYST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH YOUR HEALTH CARE RELATED QUESTIONS, OR BEFORE BEGINNING A NEW TREATMENT.

Certain information contained in the Website is compiled from a variety of third party sources. Neither ABAU nor its information providers directly or indirectly practice medicine or dispense medical services as part of the Website.

Website Content

Although ABAU attempts to ensure the integrity and accuracy of the content on the Website, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the Website and its content could include inaccuracies or errors, and third parties could make unauthorized additions, deletions and alterations to the Website. In the event you become aware of an inaccuracy, please inform ABAU so that it can be corrected.

ABAU DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE WEBSITE OR ANY CONTENT OR INFORMATION IT CONTAINS.

The Website content may contain content such as (but not limited to) behavior analysis, health or medical-related materials that you find sexually explicit or otherwise offensive. ABAU accepts no responsibility for such materials. Use of the Website is at your own risk.

You may choose to use other services provided by third parties in conjunction with your access to and use of this Website. Such services may include, but are not limited to, translation services, location services, and other third-party offerings. Any links to such services are provided for your convenience only. ABAU has no control over the contents of these services, and ABAU accepts no responsibility for them or for any loss or damage that may arise from your use of them. Such services may require you to submit your information to a third party, which may result in a copy of your information being used and/or stored by a third party. If you decide to access any such services in conjunction with your access to and use of this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such services.  These Terms of Service and ABAU’s Privacy Policy do not apply to the practices of companies or providers other than ABAU

Website content may be changed or updated without notice. ABAU reserves the right to modify Website content without any obligation to notify past, current or prospective Website users.

Information regarding ABAU and its services is applicable only in California unless otherwise noted. Some services may not be available in certain areas. ABAU makes no representations that the materials on this Website are appropriate or available for use in other states or other countries besides the United States. Those who do access this Website from other states or countries are solely responsible for compliance with the laws of such state or country.

You are responsible for the accuracy of information that you submit to us via this Website. We have no obligation or liability for any information that is not accurate.

ABAU requests that you do not submit individually identifiable health information or protected health information via the Website, nor are you permitted to do so in accordance with these Terms of Service.  However, information gathered and maintained via the Website may include other personal information — if you submit such information via the Website. You may see how we collect, use and maintain information via our Privacy Policy and our Notice of Privacy Practices.

Online Employment Applications

ABAU may accept applications for employment online via the Website. Occasionally, ABAU may allow you to register to submit your application or resume online, subject to additional terms and conditions applicable to our online employment application process. Submission of your resume or online application for employment does not guarantee or entitle you to any employment or consideration for any particular position.

Restrictions on Your Use

You may view material from the Website for your own personal use or the internal use of your business. You may not download, reproduce or otherwise distribute any materials on this Website without our prior express written consent and/or the consent of any third party copyright owner.

Any rights that are not expressly granted by these Terms of Service or any applicable end user license agreements are reserved by ABAU.  You may not use this Website or its content for any purpose prohibited or restricted by law or in violation of these Terms of Service.

You are prohibited from submitting the following via the Website:  individually identifiable health information, and/or information which constitutes “Protected Health Information” (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) and applicable state law.  PHI refers to individually identifiable health information about your past, present or future physical or mental health or condition, the provision of health care to you or the past, present or future payment for such care.

Intellectual Property Rights

The Website and its content is the property of ABAU, its affiliates or its third party sources and vendors. The Website and its content are protected by federal and international copyright and trademark laws.

The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law.  “ABA Unlimited” and the logo are trademarks and service marks of ABAU.  All other trademarks, service marks and logos used on this Website are the trademarks, service marks or logos of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to ABAU or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

No Warranty

ABAU CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. ABAU CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE. ABAU DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

THIS WEBSITE IS PROVIDED “AS IS,” ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

ABAU MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA.

DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. ABAU DOES NOT HAVE ANY RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE INTERNET AND THIS WEBSITE. You acknowledge and agree (1) that your use of this Website and any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (2) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.  No advice or information, whether oral or written, obtained by you from ABAU or in any other manner from this Website creates any warranty.

Limitation of Liability

NEITHER ABAU, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

FURTHER, NEITHER ABAU, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE OR WILL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE,

WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY DAMAGE RESULTING FROM THE SITE IS TO STOP USING THE SITE, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY SHALL BE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless ABAU, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from or arising from any use of the Website or its content or any violation of these Terms of Service.

Privacy Policy and California Privacy Rights

Use of this Website is also governed by the terms of the ABAU Privacy Policy, which are incorporated into these Terms of Service by this reference.  Any Protected Health Information collected on the Website will be used and disclosed only in accordance with ABAU’s Notice of Privacy Practices.

If you are a California resident and have provided personal information to ABAU, you are entitled by law to request certain information regarding any disclosure that may have been made by ABAU to third parties of personal information for their direct marketing purposes.  To make such a request, send an email specifying that you seek your “California Customer Choice Privacy Notice,” to: Info@aba-unlimited.com.  Please allow thirty (30) days for a response.  ABAU is required to respond to only one request per customer per year, and is not required to respond to requests by means other than through the above email address.

We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so.  You may make such a request by sending us an email at Info@aba-unlimited.com.  When contacting us, please state your name, address, email address, and what personal information you do not want shared with third parties for direct marketing purposes.  There is no charge for controlling the sharing of your personal information or for processing this request.

Notice Required by California Civil Code

As required by California Civil Code section 1789.3, users are entitled to the following specific consumer rights notice:

There are no charges imposed by ABAU for use of the Website.

The name, address and telephone number of the provider of the Website is ABAU, 2973 Harbor Blvd, #136, Costa Mesa, CA 92626.  Complaints regarding the Website, ABAU’s services, or requests to receive further information regarding the Website or ABAU’s services, may be sent to the above address or to Info@aba-unlimited.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Third-Party Sites

ABAU has no liability for any third party website that you may access through this Website. When you access a third party website, please understand that it is independent from ABAU, and that ABAU has no control over the website or its content.

In addition, ABAU does not endorse any third party whose website may be linked from this Website. ABAU does not and cannot ensure that the propriety, security or accuracy of any third party website and we encourage you to review the posted policies of any website that you visit.

Disputes, Choice of Law & Venue

These Website Terms of Service are a binding agreement between you and ABAU, which is effective as if you had signed it.  The Terms of Service are entered into in the State of California, and governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms of Service submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

You agree that any claim or action arising from this agreement or related to the Website will be brought individually and not on a class-wide basis.  You knowingly waive any right to participate in any form of “class,” “joint” or representative litigation (including in any “private attorney general” capacity) against ABAU concerning such action or claim.

This Website is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of ABAU or any of its affiliated entities, nor to constitute any contacts with any jurisdiction outside the State of California.

In any action to enforce these Terms of Service, the prevailing party will be entitled to all costs and attorneys fees it incurs.

Notice

Notice may be given to you as a user of this site by posting information to this site. Notice may be given to ABAU only by delivery to ABAU  2973 Harbor Blvd, #136, Costa Mesa, CA 92626, with a copy to General Counsel at the same address.

Entire Agreement

These Terms of Service, along with the ABAU Privacy Policy, constitute the entire agreement between ABAU and you pertaining to the subject matter hereof.  If any of the provisions of these Terms of Service are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions will be eliminated or limited to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect.  Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms of this Agreement interpreted and read to give them maximum enforceability.

Questions

If you have questions about these Terms of Service or the Website, you may contact us at Info@aba-unlimited.com, (949) 202-0257, or ABA Unlimited, 2973 Harbor Blvd, #136, Costa Mesa, CA 92626.