Terms of Use
Welcome, and thank you for your interest in Cedar Grove ABA LLC. (“Cedar Grove,” “we,” “our,” or “us”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Cedar Grove governing your access to and use of the Cedar Grove website (“Site”) and any online features made available through the Site, including contact forms and informational content (collectively, the “Services”). These Terms apply only to your use of the Site and online features, and not to the clinical services provided by Cedar Grove.
By entering into these Terms, and/or by accessing or using the Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Services (“Users,” “you,” or “your”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time, by posting changes to this page. Your continued access to or use of the Services after such posting confirms your consent to be bound by these Terms, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. YOU ARE RESPONSIBLE FOR ANY VIOLATION OF THESE TERMS BY YOU OR ANY THIRD PARTY WHO ACCESSES THE SERVICES ON YOUR BEHALF.
1. No Medical Advice
The content available on the Site is provided for informational purposes only and does not constitute medical, behavioral, or therapeutic advice. Accessing or using the Site does not create a therapist-client relationship between you (or your child) and Cedar Grove. A therapeutic relationship is established only after completion of required intake documentation and execution of a written services agreement. If you are experiencing a medical or behavioral emergency, call 911 or contact appropriate emergency services immediately.
2. The Services
Cedar Grove provides ABA therapy services.
We make no representations that the Site is appropriate or available for use in any location or geographical region. You access and use the Site at your own volition and are entirely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction. We may, without prior notice and at our sole discretion, change the Site or stop providing access to the Site or certain features of the Site.
3. Privacy Notice and Additional Terms
Our Privacy Notice explains how we collect, use, and share your information processed via the Site, and is hereby incorporated into these Terms. You agree that your access to and use of the Site is governed by our Privacy Notice. Your use of the Site is subject to all additional terms, policies, rules, or guidelines referenced in these Terms or that we may post on or link from the Services (the “Additional Terms”), such as end user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Site. All Additional Terms are incorporated by reference into, and made a part of, these Terms.
Nothing in these Terms modifies or limits any obligations under the Health Insurance Portability and Accountability Act (“HIPAA”) or other applicable healthcare privacy laws with respect to any protected health information.
4. Eligibility
The Site is not intended for access or use by children, especially those under the age of 13. If you are under the age of 18, you may not access or use the Site or provide information to us via the Site.
If you submit information regarding a minor child, you represent and warrant that you are the child’s parent or legal guardian and have authority to provide such information.
5. Registration
When you submit a contact form you may provide us with certain information such as your name, contact information, and additional information we may ask you to provide. You must provide accurate, current, and complete information during the registration process and keep your information up-to-date at all times. You are responsible for all activity that occurs in association with your use of the Services.
6. Content Submitted through the Site
If you submit information to us through the Site (including through a contact form), you represent that you have the legal authority to provide such information, including information relating to a minor child.
You retain ownership of any information you submit. We will use such information solely to:
(a) respond to your inquiry;
(b) communicate with you regarding potential services;
(c) provide services if you become a client;
(d) comply with legal obligations; and
(e) operate and improve our website in accordance with our Privacy Notice.
7. Restrictions
In addition to any other restrictions set forth in these Terms, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Services; (ii) circumvent, disable, or otherwise interfere with security-related features on the Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services; (iv) access or use the Services in any manner that may damage, disable, unduly burden, or impair any part of the Services, or any servers or networks connected to the Services; (v) post information or interact with the Services in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Services; (viii) interfere or attempt to interfere with the Services provided to any User or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Services in violation of these Terms, or copy or create any derivative work of the Services; (x) use the Services in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) use any materials or any other information that constitutes Cedar Grove’s confidential information to develop or operate products or services in competition with the Services.
8. Fees and Payment
Fees for clinical services are governed by separate service agreements and are not addressed in these Terms.
9. Ownership and Proprietary Rights
Except for content submitted by Users, all data, text, images, logos, software, content, and other information and content available on or through the Services (our “Materials”), are our property. Our Materials may be protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to Our Materials. Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, transmit, or use any of Our Materials, in whole or in part, by any means.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of us and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Services will be owned by us and handled subject to the terms of our Privacy Notice, as applicable.
10. Termination and Cancellation
These Terms are effective until terminated as described herein. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason (unless stated herein), if in our sole determination you violate the access or use restrictions of these Terms. In the event you breach the any other term in these Terms, we may terminate or suspend your access to the Services if you do not cure such breach within fifteen (15) days of our written notice to you of your breach.
11. Disclaimer, Authorization, and Release
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATING TO THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing in these Terms disclaims liability for clinical services provided by Cedar Grove, gross negligence, willful misconduct, or any liability that cannot be disclaimed under applicable law.
12. Indemnity
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, and affiliates (the “Cedar Grove Entities”) harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising from (a) your misuse of the Site; (b) your violation of these Terms; or (c) your submission of unlawful or infringing content. If you are an organization or entity, then your indemnification obligations under this Section also apply to any use of the Services by your authorized Users.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CEDAR GROVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE.
OUR TOTAL LIABILITY FOR CLAIMS ARISING SOLELY FROM YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THIS LIMITATION DOES NOT APPLY TO CLAIMS ARISING FROM CLINICAL SERVICES, PERSONAL INJURY, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR WHERE PROHIBITED BY LAW.
14. Alerts and Notifications
If you provide your mobile phone number, you consent to receive communications related to your inquiry or services. You may opt out at any time. Standard message and data rates apply to all messages sent to or received from us.
15. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to these Terms will be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any Claim that all or any part of these Terms is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of any arbitration.
Each party acknowledges and agrees to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, each party retains the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect.
Claims arising from or relating to the provision of clinical services, professional malpractice, personal injury, or statutory healthcare obligations are not subject to mandatory arbitration under these Terms.
16. Force Majeure
We shall be excused from performance under these Terms to the extent we are prevented or delayed from performing, in whole or in part, due to fire, flood, earthquake, strike, war (declared or undeclared), embargo, blockade, legal prohibition, governmental action, riot, insurrection, epidemic or pandemic, damage, destruction, power outage, telephone outage, internet access provider failure, or any other similar cause beyond our control.
17. General
These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles. Any litigation permitted under these Terms shall be brought exclusively in the state or federal courts located in New Jersey. You may not assign or transfer these Terms or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. If any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by us of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the complete agreement between us and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between us and you.
18. Contact
Please contact us with any questions regarding these Terms, for support, or to cancel the Services at info@cedargroveaba.com.
