Privacy Policy

Please read this Privacy Policy (this "Privacy Policy") carefully before using the Site or our Services. This Privacy Policy is an important part of our Terms of Use. The defined terms in this Privacy Policy have the same meaning as in our Terms and Use, of which this Privacy Policy is a part of.

This Privacy Policy

Protecting and safeguarding your privacy is extremely important to us. This Privacy Policy explains the policies, procedures and practices regarding the collection, use and disclosure of any information that you provide through our Site. The Privacy Policy is part of our Terms of Use which can be found in our website. When you use our Site you accept and agree to both the Terms of Use and to the Privacy Policy. If you do not agree to be bound to the Privacy Policy you should stop using the Site and Services immediately. By accessing and using our Site and Services you affirm that you have read the Privacy Policy and that you understand, agree to and acknowledge all the terms contained in it.

Information Collection and Use

To let us operate the Site effectively and to let you use the Site, we have to collect and use some information from you (the "Information"). We maintain physical, electronic and procedural safeguards that comply with state and federal regulations (including HIPPA) to protect the confidentiality of your Information. We use the Information to operate, maintain, enhance, and provide all of the features, information and services found on the Site. You may decide which Information, if any, you would like to share with us but some functions of the Site and certain Services may not be available to you without providing us the necessary Information. By deciding to provide the Information you agree to our methods of collections and use, as well to other terms and provisions of this Privacy Policy. The different types of Information we collect and how we intend to use them are detailed below.

Personally Identifiable Information

We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. When you sign up to the Site, update your account details, provide your billing information, or make other use of our Services, we may ask you for personally identifiable information ("Personal Information"). The Personal Information can be used can be used to contact you or identify you and it may include, but not limited to, your name, your email, your phone number, your address and your credit card information. We may use the Personal Information, either by itself or in conjunction with other information, for the following purposes:

Profile Information

We may ask you several questions about you and your needs and request certain information about the child/student ("Profile Information"). This information is shared with SLPs that use our Site. We may use the Profile Information, either by itself or in conjunction with other information, for the following purposes:

Log Data

information that your browser sends ("Log Data"). This Log Data may include, but not limited to, information such as your computer, Internet Protocol address ("IP"), pages that you visit and the time spent on those pages, actions that you take and other statistics. We may use this information, either by itself or in conjunction with other information for the following purposes:

Session Content

While using the Site, you and a SLP may write or say things by means of text-based communication (such as messages), verbal communication or video communication, either internally or to each other (collectively "Session Content"). The Session Content is shared with the SLP(s) that work with you. The Session Content may be used, either by itself or in conjunction with other Information, for the following purposes:

Note that all communications transmitted through the Site, may be recorded or monitored for quality assurance and training purposes and become part of your file and records.

Cookies and Web Beacons

Like many websites, we use "cookies" and "web beacons" to collect information. A "cookie" is a small data file that is being transferred to your computer's hard disk for record-keeping purposes. A "web beacon" is a tiny image, placed on a Web page or e-mail that can report your visit or use. We use cookies and web beacons to (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed and (c) enable the technical operation of the Site. You can change your browser's settings to it will stop accepting cookies or to prompt you before accepting a cookie. However, if you do not accept cookies you may not be able to use the Site. The Site may also include the use of cookies and web beacons of services owned or provided by third parties that are not covered by our privacy policy and we do not have access or control over these cookies and web beacons.

Social and General Information Tools

We may be using several publicly-available tools and information exchange resources, such as (but not limited to) a blog, a Facebook page, a Twitter account, a Google Plus account and others (collectively "Social and General Information Tools"). Any information you choose to provide or share via the Social and General Information Tools may be freely read, accessed, collected and used by others.

Phishing

Online identity theft and account hacking, including the practice currently known as "phishing", are of great concern. You should always suspect when you are being asked for your account information and you must always make sure you do that in our secure system. We will never request your login information, your credit card information, in a non-secure or unsolicited communication (e-mail, phone or otherwise).

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include any Personal Information with third parties for any purpose, including but not limited to industry analysis, research, business transactions and public relations.

Links

The Site may contain links to other websites, services or offers which are owned, operated or maintained by third parties. If you click on a third party link, you will be directed to that third website or service. The fact that we link to a website or service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not have control over third party websites and services and we do not have control over their privacy policies and terms of use.

Third Party Service Providers; Successor or Assigns

We may employ third party companies and individuals to facilitate our Site, to perform certain tasks which are related to the Site or to provide audit, legal, operational or other services for us. These tasks include, but not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. When needed we may disclose information, including Personal Information, to such third parties but we will try to limit the Personal Information disclosed to the minimum necessary to perform their task. We require these services providers to safeguard Personal Information you provide to us.

We may sell or transfer some or all of our assets, including your Personal Information, in connection with a merger, acquisition, consolidation, joint venture, reorganization or sale of assets. Such transactions would be covered by a confidentiality agreement and would be in accordance with applicable law.

Children's Privacy

We do not knowingly permit anyone under the age of 18 to become a Registered User. If you are a parent or legal guardian of a child in need of speech therapy services, you may use the Site and become a Registered User on behalf of your child. With the exception of our Speech Games, which should only be used with the express permission and under the supervision of a parent or guardian, our Site is not directed and not intended to be used by children under the age of 13. Please do not provide any sensitive or other information about your child if you do not want that information used in accordance with this Privacy Policy.

We also do not allow anyone under the age of 18 to use the Site without parental consent, authorization and presence.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfers.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law or respond to a court order, judicial or other government subpoena, or warrant. We will disclose any information, including Personal Information, to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ourselves or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We may disclose information, including Personal Information, to take precautions against liability. You should also be aware that in certain circumstances, SLPs may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities.

Data Retention

You may review, update, correct or delete the Personal Information in your Account by contacting us or by editing it online. If you would like us to delete your Personal Information or any other information from our system, please contact us with such request. We will use commercially reasonable efforts to honor your request. However, we may retain an archived copy of your records as required by law for legitimate business purposes or for recordkeeping purposes. There may also be residual information that will remain within our databases and other records, including, without limitation, some data may that may be still archived and stored offline. We are not responsible for removing information from the third parties that we have already legitimately shared Personal Information about you.

Security

We are concerned about safeguarding your information. The security of your Personal Information is very important to us. Therefore, we employ measures to protect this information from unauthorized access, use, and disclosure. However, the confidentiality of any communication transmitted through the Site or stored with us cannot be guaranteed. Please remember that, no Internet transmission is ever totally secure or error-free. In particular, email sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. You acknowledge and agree that you share and transmit the Information at your own risk. If you have reason to believe that there has been a breach of security, including but limited to "hacking" to your account, you must notify us immediately.

Changes to the Privacy Policy

We may update this Privacy Policy from time to time at our sole discretion. The date of the last revision of this Privacy Policy appears at the top of this page. We encourage you to periodically review this page for the latest information on our privacy policy and practices.

Promotional Messages

We will not use your email address or other Personal Information to send promotional messages unless you have opted in or otherwise requested that we contact you about the our Services or other information. We do not sell, trade, rent or share your Personal Information with other organizations for their marketing or promotional uses without your express consent.

Contacting us

If you have any questions or concerns about this Privacy Policy or our privacy-related practices, please contact us by clicking the "Contact" link at the bottom of any page in our Site.

Terms of Use

Please read these Terms of Use (the "Terms" or "Agreement") carefully before using this website (together with and any other websites, web pages, mobile applications and mobile websites operated by Speech Buddies, Inc. (“we” “us” or “SB”) in the United States the “Site”) and the services offered by SB and the Speech Buddies brand. By using the Site or the Services (as defined below), you agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).

Short Summary of Services

Speech Buddies allows registered users to communicate with other users on the platform. We define users as “speech-language pathologists,” or “speech therapists,” and “parents,” or “guardians.” The intention of the Speech Buddies Connect platform is to:

Agreement

These Terms set forth the terms and conditions under which individuals residing in the United States may use the services offered by us and the Speech Buddies brand (described below) (collectively, the “Services”).

1. Description of Services; Limitations; User Responsibilities.

1.1 About Our Services.We offer various Services to help its users find, coordinate, and maintain speech therapy services. The Services we offer include, among others:

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of our Services

Client and SLP content is primarily user generated, and we do not control or vet user generated content for accuracy. We do not assume any responsibility for the accuracy or reliability of any information provided by SLP or Clients on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

We are not responsible for the conduct, whether online or offline, of any Client, SLP or other user of the Site or Services. Moreover, we do not assume and expressly disclaim any liability that may result from the use of information provided on our Site. All users, including both Clients and SLPs, hereby expressly agree not to hold us (or SB's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, hereinafter "Affiliates") liable for the actions or inactions of any Client, SLPs or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, SB and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

2. Eligibility to Use the Site and Services; Representations and Warranties

2.1. Eligibility. To be eligible to use our Services, you must meet the following criteria:

  • • You must be eighteen (18) years of age or older; except that if you are under 18, you may use the Speech Buddies Games with the express consent, and under the supervision of a parent and legal guardian.
  • • The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico.
  • • If you are registering to be a SLP, you must have all required State licenses and certifications to offer the services you provide, in strict accordance with all applicable law.
  • • You must not be a competitor of SB or using our Services for reasons that are in competition with us.
  • 2.2. Representations and Warranties

    By Client. You hereby represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the eligibility criteria set forth above.

    By SLP. Each SLP represents, warrants and covenants that at all times during which it is using the Site or the Services:

    3. Rules for User Conduct and Use of Services

    3.1. Registration, Posting, and Content Restrictions

    The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:

    Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will we or our Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.

    You agree that we have no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

    To the maximum extent permitted by law, we disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold us harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

    3.2. Exclusive Use

    If you are a Client, you may use your account only for yourself or your children or individuals for whom you are otherwise the legal guardian. If you are a SLP, you may use your account only to find clients for yourself or your practice. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

    3.3. Prohibited Uses

    By using the Site or the Services, you agree that you will not under any circumstances:

    Should we find that you violated the terms of this Section or any terms stated herein, we reserves the right, at our sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that we may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, SLP or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights we may have under these Terms, including under the Privacy Policy, or applicable law.

    Further, in order to protect the integrity of the Site and the Services, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

    3.3. We May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

    By registering as a SLP, you authorize SB, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, we reserve the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties above addressing legal matters such as complaints, business, services offered, certifications, licenses, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and Secretary of State for the State the SLP is located in, Better Business Bureaus, colleges, universities, and other data.

    You agree that we may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for us.

    You also hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

    BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW US TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE SITE. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

    4. Privacy

    We will only use the information you provide on the Site or via other channels in accordance with all applicable law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the privacy and security regulations promulgated pursuant to HIPAA, including, but not limited to, 45 C.F.R. Parts 160 and 164 Subparts C and E, as may be amended from time to time, and our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

    5. Links To External Sites

    Links from the Site to external sites (including external sites that are framed by us) or inclusion of advertisementdo not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of ths and services that are the subject of such advertisements, but are for users' reference and convenience.

    Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. We do not control such sites, and is not responsible for their content. Just because we have hyperlinks to such sites does not mean that we endorse any of the material on such sites, or has any association with their operators.

    Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by our Terms of Use and Privacy Policy. We expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Site.

    6. Payment And Refund Policy

    In order to utilize some of our Services or product offerings, the user of such Services or product offerings must paus either a fee or percentage of services booked, recurring subscription, one-time, or other fees. In addition, the user is responsible for any statr local sales taxes associated with the Services or product offerings purchased.

    6.1 Billing and Payment

    If you sign-up for a block of pre-paid sessions, these may be purchased at a discounted rate to individual session rates. You agree to the expiration date disclosed at the time of purchase and understand that any pre-paid sessions not used prior to expiration date will be forfeited. The number of pre-paid sessions and discounted session rate can be changed at any time. We reserve the right to correct any errors or mistakes to the number of sessions or session rate even if payment has already been requested or received.

    User acknowledges the rates individual SLPs charge for Services can and will vary. If User switches SLPs at any time, services will be charged at the current individual SLP rate level, which may be higher or lower than prior session rates.

    To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize us to charge your chosen payment provider for the Services and/or products you purchase. You agree that if we already have your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

    6.2 Refund Policy

    Except as set forth below or as described on the Site, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to us or to your credit card company.

    6.4 Free Trial & Discount Offers

    We may offer limited-time free or discounted session rates to certain users from time-to-time. Users who sign up for a Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free or discounted session, subsequent sessions can be charged at the full session rate.

    7. Disclaimers; Limitations; Waivers; Indemnification

    7.1 No Warranty

    The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by SB, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE DO NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SB; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

    IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A SLP OR TO ENGAGE THE SERVICES OF A SLP.

    7.2. Assumption of Risk

    You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions and conduce reasonable, prudent due diligence, when interacting with other site visitors or Registered Users.

    7.3. Limitation of Liability

    Incidental Damages and Aggregate Liability. In no event will we be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SB, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL SB'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

    No Liability for non-SB Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

    In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. We makes no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

    7.4. Indemnification

    By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold us harmless and our Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by us and our Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. SB and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of SB. Users further agree to hold us harmless and our Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

    8. Copyright Notices/Complaints

    It is SB's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting SB's copyright agent (identified below) and providing the following information:

    SB's agent for copyright issues relating to this Site is as follows:

    Speech Buddies, Inc.
    3150 18th St., Suite 340
    San Francisco, CA 94110
    info@speechbuddies.com
    415-997-9038

    8. Agreement to Arbitrate

    8.1 Agreement to Arbitrate

    This Section 13 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with tht-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and SB or a SB Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    8.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

    EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    8.3 Pre- Arbitration Dispute Resolution

    SB is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email info@speechbuddies.com.

    8.4 Arbitration Procedures

    Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    To commence an arbitration against SB, you must complete a short form, submit it to the AAA, and send a copy to SB. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

    The arbitration shall be held in California, U.S.A. If the value of the relief sought is $10,000 or less, you or SB may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SB subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or SB, unless the arbitrator requires otherwise.

    The arbitrator will decide the substance of all claims in accordance with the laws of the California, including recognized principles of equity, and will honor all claims of privilege recognized by law.

    8.5 Costs of Arbitration

    Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, SB will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SB will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA's rules.

    8.6 Confidentiality

    All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    8.7 Severability

    If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

    8.8 Opt-Out Procedure

    You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new Site users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time. If you are already a current Site user and previously accepted the Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than September 20, 2015. You must mail the Opt-Out Notice to SB, 3150 18th St., Suite 340, San Francisco, CA 94110. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to your account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

    8.9 Future Changes to this Arbitration Agreement

    Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

    9. Governing Law and Jurisdiction

    These Terms, and any dispute between you and SB, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Sectio, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SB must be resolved exclusively by a state or federal court located in the State of California. You and SB agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.

    10. Miscellaneous

    Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority te any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

    11. Contact Information

    If you have any questions or need furer information as to the Site or Services provided by SB, or need to notify us as to any matters relating to the Site or Services please contact u

    Speech Buddies, Inc.
    Attn: Legal Department
    3150 18th Street, Suite 340
    San Francisco, CA 94110
    info@speechbuddies.com
    415-997-9038

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    You can reschedule your appointments anytime. We ask that you give us at least 24 hours notice to avoid any unnecessary fees or complications. You will not be charged for any of your sessions until the day of that appointment.

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    Terms of Use:

    Please read these Terms of Use carefully before using the services offered by Speech Buddies, Inc.

    Summary of Service

    Speech Buddies Connect and Speech Buddies Games allow users to communicate with other users on the platform. We define users as “speech-language pathologists,” or “speech therapists,” and “parents.” The intention of Speech Buddies Connect is to allow parents looking for speech therapy services for their children to contact and communicate with licensed Speech-Language Pathologists who provide speech services. Speech Buddies Games allows students to practice online exercises that can help improve their speech and articulation. Speech Buddies Games can be used by Students, Parents, and Speech-Language Pathologists.

    By using this service you agree that:

    • You are licensed in your state or country to provide speech services as a Speech Language Pathologist, Speech Language Pathologist Assistant, Speech and Language Therapist, or other health professional.
    • You have necessary permission from the student and parent, if necessary, to provide speech services.
    • You have permission to perform lessons and exercises with a given student.
    • You will not solicit members of Speech Buddies Connect for purposes other than providing private speech and language therapy services.
    • You will maintain respectful and professional communication during communication with any and all members of the Speech Buddies community.

    Speech Buddies’ Privacy Policy

    • Speech Buddies, Inc. takes reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet transmission is ever totally secure or error-free. In particular, email sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
    • Speech Buddies, Inc. uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features, information and services found on the Websites. We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues.
    • Speech Buddies, Inc. uses all of the information that we collect to understand and analyze the usage trends and preferences of visitors to the Websites, to improve the way the Websites works and looks, and to create new features and functionality.
    • Speech Buddies, Inc. may use “automatically collected” information and “cookies” information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Websites; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
    • Speech Buddies, Inc. does not sell, trade, rent or share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.
    • Speech Buddies, Inc. may disclose automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Websites.
    • Speech Buddies, Inc. works with some authorized service providers to provide website hosting and maintenance as well as other services for us. Speech Buddies, Inc. requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to Speech Buddies, Inc.; these third parties may have access to or process your personally identifiable information. Speech Buddies, Inc. generally limits their use of your personally identifiable information to the purpose for which it was shared.
    • Speech Buddies, Inc. may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
    • Speech Buddies, Inc. also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Speech Buddies, Inc. from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Websites; or to protect the rights, property, or personal safety of Speech Buddies, Inc., our Users, or others.

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