Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions outline the rules and regulations for the use of the website www.brainyslp.com.  These Terms and Conditions (“T&C”, Terms) apply to your purchases and use of services, materials, content, products, information, and other tools on the website www.brainyslp.com (the “site”). The site is owned and operated by Brainy SLP LLC (“Brainy SLP”, “Company”, “we” or “us"). The following terminology applies to these T&C, Disclaimer Notice and any or all Agreements: Users, You, Client and Your refer to you, the person accessing the website and accepting the Company’s terms and conditions. The Company, Ourselves, We, Our and Us refer to Brainy SLP LLC. Party, Parties, or Us, refers to both the User and ourselves, or either the User or ourselves.The term Service applies to all content, materials, products, information, and services available on the site. 

By accessing this website we assume you accept these terms and conditions in full. If you do not agree with the T&C stated on this page, please do not continue to use Brainy SLP’s website.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

License

Unless otherwise stated, Brainy SLP LLC and/or its licensors own the intellectual property rights for all material on Brainy SLP.

All intellectual property rights are reserved. You may view and/or print pages from https://www.brainyslp.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://www.brainyslp.com.

Sell, rent or sub-license material from https://www.brainyslp.com.

Reproduce, duplicate or copy material from https://www.brainyslp.com.

Redistribute content from Brainy SLP (unless content is specifically made for redistribution).

Intellectual Property Rights

Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.  You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence. Limit or exclude our or your liability for fraud or fraudulent misrepresentation. Limit any of our or your liabilities in any way that is not permitted under applicable law or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer are subject to the preceding paragraph; and govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided for a fee or free of charge, we will not be liable for any loss or damage of any nature.

Content Terms

The content on this site, including, but not limited to, the services, products, tools, and other materials are for informational purposes.  It is not intended to be medical advice or to replace discussions and/or care and with a healthcare provider. Users should carefully read all instructions prior to use of this site. 

This site may include content that promotes physical activity for which you should consult with your medical professional before engaging in any physical activity. Brainy SLP is not responsible or liable for any injuries or damages sustained that result from use or inability to use, the materials, tools, products, or services offered on the site. User’s reliance on any information provided herein is solely at their own risk.

The site, including all materials, content, information, tools, services, and products available from this site to you is conditional upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our site or purchasing something from us, you agree to be bound by these T&C, including those additional terms and conditions and policies referenced herein. These T&C apply to all users of the site, including without limitation users including but not limited to browsers, vendors, customers, T&C of this agreement, then you may not access the site or use any services.

Using Brainy SLP materials for telehealth

Anyone who has legally obtained access to the Brainy SLP access to library or PDFs via purchase of a brainyslp.com subscription has the right to display via screen share for their clients/patients via a secure teletherapy platform.

Payment terms

Our payments are processed with Stripe. They provide us with a third party payment processing service. The third party payment processor allows us to sell our products and services to you. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of providing our service to you in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting your needs in respect of provision of the Company’s stated products and/or services, in accordance with and subject to, prevailing United States Law.

To subscribe, you must have a valid debit or credit card to purchase any products or services from us. All payments are due upon order processing. If a payment is not received or payment is declined, the site subscription will not remain active. We accept Visa, MasterCard, American Express, Discover via Stripe. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve, transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks via Stripe. All payments are processed using a third-party processor. You acknowledge that Brainy SLP LLC is not liable for any breaches of credit card or debit card security or privacy by such third–party processor.

For the subscription, you will be billed in advance on a recurring, monthly basis, or recurring annual basis based on your selection. Brainy SLP LLC will automatically place that same order every month or annually, depending on the option selected during the initial purchase.  All subscriptions will automatically renew unless you cancel 30 days prior to the billing cycle charge. 

If your credit card is declined at the time of a Subscription Program order placement, your order will not be placed; you will be notified that your Subscription Program payment has failed and requested to update your credit card information. Once your payment information is corrected, your Subscription Program order will be processed.

You may cancel your Subscription Program order at any time. If there is an outstanding order on your subscription, the cancellation will go into effect once that order is processed. To cancel your subscription, please log into your account and select “Cancel”.

Subscription Terms

Use of good practice is expected by all users.  Users are advised to use the site’s content, products, services and tools within the scope of your professional expertise.  Brainy SLP LLC is not responsible for unauthorized use of our products.

Subscription accounts are intended for use by individual Speech Language Pathologists (“SLPs”), Speech Language Pathology students and educational institutions for SLPs only. 

Subscription accounts are intended for single SLP use. Do not share your account and/or password with others.  You are responsible for any actions that take place while using your account(s). Keep your account login information secure and do not share your login or allow others to use your account. You agree to immediately notify Brainy SLP LLC of any unauthorized use of your account. You are responsible to maintain confidentiality of the data in this platform. Brainy SLP LLC is not responsible for any loss that results from the unauthorized use of your account, with or without your knowledge.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these Terms. Any registration or use of access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.

Opening a Subscription Account

To become a member of the Brainy SLP subscription, you are required to register for an account. Registration requires the use of your name and a valid email address. To view our Privacy Policy click here. You agree to provide accurate and current information about yourself in all registration forms on the site.

Proper use the products, services, content, and tools available on this Site

You are entitled to use the products for your own professional purposes and personal use. You are entitled to disclose the products in the context of your own professional purposes, but to your clients.  Users are prohibited from reselling or republishing any product themselves.  This includes copying it and making it available to other persons or parties for their use. This also includes using topics, references, and resources within your own profit ventures. You are also prohibited from modifying a product, copying or disclosing it other than in the context of your own professional purposes in client care. Not complying with this constitutes an infringement of our intellectual property rights for which you can be held liable. Purchasing a product does not give users a title or right therein other than as expressed above. The intellectual property rights to the products always remain with Brainy SLP.

Further, you warrant to Brainy SLP that you will not use the products or services for any purpose that is unlawful or prohibited by these T&C. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. 

In addition to other prohibitions as set forth in the T&C, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services or of any related site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the services or any related site, other site, or the Internet. We reserve the right to terminate your use of the services or any related site for violating any of the prohibited uses.

Blocked Access to Account

Brainy SLP may block your account and terminate your subscription in the following case(s):

When you do not comply with a provision of these T&C;            

When you do not comply with any other term or condition as agreed with us, e.g. the payment terms;                                                                                                                                      

When your log in details and/or your account have been compromised more than three times;

When there are good grounds for use to believe that your actions may cause damage to us or to other users of our site, for example because you have lost your certification or practitioner’s license or have been convicted of a crime;

When we decide to no longer offer our products and/or decide to close down the site.

If your account is blocked, you will no longer be able to access it and make use of the products accessible through your subscription.

Refund Policy

All sales are final. We do not offer refunds of any kind on any of our products/services sold. 

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Provision of materials, products, services, content, and tools

You are responsible for the manner in which you use our products and content.  The services and content on our site are provided on an ‘as is’ basis. 

There are no warranties with regard to our services, products, materials or content, including advice, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of accuracy, completeness, actuality, likely results, reliability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. The products, materials and content may include technical, typographical, or photographic errors.

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the services, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. All prices for products and services are in US dollars, and are exclusive of any applicable local, state, or federal taxes. 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice at the sole discretion of the company.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information

on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Content Ownership

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.

If you have purchased a service, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event

of a conflict. Online purchases have additional terms of use relating to the transaction.  The content, tools, products, and services, including the site, are intended for your noncommercial use. All materials published or available on the services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, known as the “Content” in this section) are protected by copyright, and owned or controlled by Brainy SLP. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the services or site.

The services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, communicate to the public or in any way exploit, any of the Content or the services in whole or in part.

You may download or copy the Content of only downloadable items displayed on the services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Brainy SLP.

Disputes

You agree to indemnify, defend, and hold harmless Brainy SLP, its affiliates, parents and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Brainy SLP Content, your use of the services or products, your conduct in connection with the services or with other users, any violation of these Terms, or any violation of any law or the rights of any third-party. This indemnity survives termination of these Terms. Brainy SLP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brainy SLP in asserting any available defenses.

Use of this service is at your own risk. Brainy SLP may make improvements and/or changes in the service at any time.  Brainy SLP makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the service or the site for any purpose. Advice received via the services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. 

BRAINY SLP LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

To the maximum extent permitted by applicable law, in no event shall Brainy SLP be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages including, without limitation, damages for loss of use, data, profits, arising out of or in any way connected with the use or performance of the services, with the delay or inability to use the service or related services, the provision of or failure the services, or for any information, software, products, services and related graphics obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability or otherwise, even if Brainy SLP has been advised of the possibility of damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the services.

For any dispute with Brainy SLP, you agree to first contact us at info@brainyslp.com and attempt to resolve the dispute with us informally.

What do you do with my personal data?

Your submission of personal data through this site is governed by our Privacy Policy.

Complaints

We strive to provide great customer service.  However, misunderstandings may occur.  In case you have a complaint, you can notify us through our contact form or at info@brainyslp.com. We will try to handle your complaint to your satisfaction as soon as possible.

Revisions to Terms and Conditions

Any new features, updates or tools which are added to the current site shall also be subject to the T&C. You can review the most current version of the Terms at any time on this page. Brainy SLP may, in its sole discretion, modify or update these Terms from time to time.  Please review them periodically.

Entire Agreement

These T&C, together with any amendments and any additional agreement you may enter into with Brainy SLP in connection with the services, products, or use of the site shall constitute the entire agreement between you and Brainy SLP. 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These T&C and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Florida.

If you have any questions about these T&C, please contact us at: info@brainyslp.com.