These websites located at https://marybarbera.com, http://autismABAHelp.com and http://barberabehaviorconsulting.com (“Websites”)  are owned and operated by Barbera Behavior Consulting, LLC. In addition to the materials on the Websites, Barbera Behavior Consulting, LLC offers products for purchase, including but not limited to e-courses and a membership community (“Products”). Collectively, the Website and Products are referred to as BBC Materials.

Your use of the BBC Materials constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer”). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the BBC Materials.

DISCLAIMER

We have made every effort to ensure that all information in the BBC Materials has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided in the BBC Materials.

Barbera Behavior Consulting, LLC disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the BBC Materials. Barbera Behavior Consulting, LLC assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found in the BBC Materials.

CREDENTIALS & BACKGROUND

The principal of Barbera Behavior Consulting, LLC is Mary Barbera.

Mary Barbera:

• has a PhD in Leadership.
• is a registered nurse
• is a Board Certified Behavior Analyst
• is the mother of a son with autism, and
• has studied autism and Applied Behavior Analysis (“ABA”)

Mary Barbera is not a medical doctor.

Additionally, nothing presented in the BBC Materials creates a patient-provider relationship between you and Mary Barbera or Barbera Behavior Consulting, LLC.

LEGAL INFORMATION DISCLAIMER

From time to time, the BBC Materials may discuss legal topics. This information is not advice and should not be treated as legal advice. The legal information in the BBC Materials is provided for informational purposes only. The legal information provided in the BBC Materials is provided “as is” without any representations or warranties, express or implied.

You must not rely on the legal information in the BBC Materials as an alternative to advice from your attorney or professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information provided in the BBC Materials.

MEDICAL INFORMATION DISCLAIMER

From time to time, the BBC Materials may discuss topics related to health and medicine. This information is not advice and should not be treated as medical advice. The medical information provided in the BBC Materials is provided “as is” without any representations or warranties, express or implied.

You must not rely on the information in the BBC Materials as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment for yourself or an individual in your care as a result of any information provided in the BBC Materials.  All medical information in the BBC Materials is for informational purposes only.

BEHAVIORAL INFORMATION DISCLAIMER

From time to time, the BBC Materials may discuss topics related to behavioral therapy, autism and ABA. This information is not advice and should not be treated as medical or therapeutic advice. All information presented on behavioral therapy, autism and ABA in the BBC Materials is general and has not been personalized for you or any individuals in your care. The behavioral therapy information provided in the BBC Materials is provided “as is” without any representations or warranties, express or implied.

Each individual may react differently to behavioral therapy or ABA. Individual results may vary. From time to time, existing behaviors may worsen prior to improving. Existing behaviors may worsen by applying the information provided in the BBC Materials. Barbera Behavior Consulting, LLC does not guarantee the results of any information provided in the BBC Materials.

You must not rely on the information in the BBC Materials as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment for yourself or an individual in your care as a result of any information provided in the BBC Materials.  All medical information in the BBC Materials is for informational purposes only.

MEDICAL ADVICE & SUPPORT

As stated above, the BBC Materials are not medical advice. Barbera Behavior Consulting, LLC strongly encourages you to consult with your medical doctor or healthcare provider before applying any of the information found in the BBC Materials. If, at any time, you experience a negative result or injury as a result of the information in the BBC Materials, seek immediate attention from your medical doctor or healthcare provider

YOUR RESPONSIBILITY

The BBC Materials were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the BBC Materials. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear in the BBC Materials.

NO WARRANTIES

The BBC Materials are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the BBC Materials or the information and materials provided therein.

The BBC Materials are written in English and we make no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold Barbera Behavior Consulting, LLC, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Disclaimer will be governed and construed in accordance with the laws of the State of Pennsylvania. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Berks ­­­­­­­­­­­­­­­County Pennsylvania. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Disclaimer not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.

All notices with respect to the Disclaimer must be in writing and made via email to [email protected] for the Website and to your email address.

BY VISITING MARYBARBERA.COM AND/OR AUTISMABAHELP.COMAND/OR BARBERABEHAVIORCONSULTING.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW
The terms “we,” “us,” and “our” refer to MARYBARBERA.COM AND/OR AUTISMABAHELP.COMAND/OR BARBERABEHAVIORCONSULTING.COM. The term the “Site” refers to MARYBARBERA.COM AND/OR AUTISMABAHELP.COM AND/OR BARBERABEHAVIORCONSULTING.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

MARY LYNCH BARBERA AND BARBERA BEHAVIOR CONSULTING MAINTAIN A BLOG, HAVE DIGITAL PRODUCTS FOR SALE, and have PHYSICAL PRODUCTS FOR SALE.

Use of MARYBARBERA.COM AND/OR AUTISMABAHELP.COM AND/OR BARBERABEHAVIORCONSULTING.COM, including all materials presented herein and all online services provided MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to MARYBARBERA.COM AND/OR AUTISMABAHELP.COM AND/OR BARBERABEHAVIORCONSULTING.COM and other information are subject to change. MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. MARYBARBERA.COM AND/OR AUTISMABAHELP.COM AND/OR BARBERABEHAVIORCONSULTING.COM disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

The online course, Autism ABA Help, will grant a full refund if you are not completely satisfied within 14 days of your course registration. After this period, no refunds will be issued.

The Online Course, Autism ABA Help, consists of:

Weekly in-depth video modules
Tools, downloads, and homework to correspond to each week’s lessons
Monthly live bonus videos and Q and A calls
Access to the Autism ABA Help private Facebook group

Ongoing Monthly Membership

Your credit card will be charged every 30 days for monthly members or annually for annual members and you are giving permission for these ongoing monthly/annual charges until you cancel. While there are no refunds of membership fees, you can cancel your membership at any time. You must notify us at least 5 days prior to your next bill date to avoid future charges. Once you cancel, you will retain access until the end of your current billing month.

License for the on-line course, Autism ABA Help

The on-line course, Autism ABA Help, was developed for your personal use. We grant you a limited license to share and display up to 5 lessons within the course, but you must be present during any display of these lessons. You must not share your login information with anyone.

Information about the Service

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING remains yours to the extent that you have any legal claims therein. You agree to hold MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Site. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING, LLC including trademarks, copyrights, proprietary information, and other intellectual property. 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 or 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 Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

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, MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING 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 MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING 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 SHALLMARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING, AND IF NO PURCHASE HAS BEEN MADE BY YOU MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MARY LYNCH BARBERA AND/OR AUTISMABAHELP AND/OR BARBERA BEHAVIOR CONSULTING.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

[email protected]

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Berks County, PA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: 2018