By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services as part of the SLP Now Membership Site (“Membership”) operated by Marisha Mets (“Owner”), acting on behalf of SLP Now®, LLC (“Company”) under these Term and Conditions. In addition, by using SLPNOW.COM and BLOG.SLPNOW.COM (the “Site”), you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
1. TERMS OF MEMBERSHIP.
a. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. You may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company 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 Site, violate any laws in your jurisdiction.
You may use the Site for lawful 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.
b. Upon purchase and execution of this Agreement, Customer will be provided with the following content and/or services as detailed on slpnow.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
1. Therapy Materials
2. Caseload Management Tools
3. Academy Courses
c. The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
d. The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
e. The Company may from time to time offer extra Services to Customer for an additional fee.
f. Customer will have access to the Membership Site for the length of their subscription, as long as their account is in good standing.
g. At any point should Company be terminating the Membership Site, Customer will be given at least sixty (60) days notice.
h. Customer has the option to cancel membership at any time in writing via email to the Company and cancellation will take effect the following billing cycle.
2. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
b. Customer can request a refund within the first 14 days of membership. The Company may decline the refund request if more than 25 materials have been downloaded.
c. Customer will be charged payment according to their selected payment plan: every thirty (30) days or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
d. Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Customer on the dates and for the amounts specified upon purchase and as included in this Agreement.
e. In the event Customer fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.
3. PRIVACY OBLIGATIONS.
b. The Business Associate Agreement outlines the relationship between the parties as it pertains to the protection of protected health information.
c. Buyer may receive or become exposed to confidential or proprietary information, including but not limited to designs, technical documents, instructions, trade secrets, data or know how pertaining to the Services (collectively “Confidential Information”). Confidential Information will not include information that: (a) is already known to Customer prior to the disclosure by the Company without an obligation of confidentiality; (b) is or becomes available to the general public through no act or fault of Company; or (c) is rightfully disclosed to Customer by a third party without an obligation of confidentiality.
Customer agrees that it will maintain the Confidential Information of Company in confidence and will use such information only for the purposes of the Services. Confidential Information may be disclosed by Customer within its organization only to specific employees who have a need to know such information for the purposes of the Services and inform those employees of these Terms and Conditions. Customer will not transmit or disclose Confidential Information to others without the prior written consent of the Company. Customer warrants that it will not divulge, disclose or in any way distribute or make use of Confidential Information, and that it will not manufacture, repair (or enable a third party to manufacture or repair), alter, modify, decompile, disassemble, reverse engineer, translate or create derivative works of the Compnay’s Products.
By participating in the Membership, Customer acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the Customer acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Customer may suffer by relying on modules, content, guest speakers, videos, services, or products.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.
The Company may provide the Customer with information relating to products that the Company believes might benefit the Customer. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Customer with third-party recommendations, such as books and therapy materials. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Customer when this is the case. Customer agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Customer.
5. RECORDING AND REDISTRIBUTION OF CALLS.
Customer acknowledges that group calls and/or trainings may be recorded. Customer also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.
6. INTELLECTUAL PROPERTY RIGHTS.
The Site contains intellectual property owned by the Company, including, without limitation to, trademarks, copyrights, and other intellectual property as well as the SLP Now, LLC / SLPNOW.COM / BLOG.SLPNOW.COM, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
In respect of the Material specifically created for the Customer as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.
Customer 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 Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action. We also reserve the right to immediately remove you from the Site if you are caught violating this intellectual property policy.
7. DISCLAIMER OF WARRANTIES.
The Services provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY.
BY USING THE COMPANY’S SERVICES AND PURCHASING THIS MEMBERSHIP, CUSTOMER ACCEPTS ALL RISKS, FORESEEABLE OR NON-FORESEEABLE, ARISING FROM SUCH TRANSACTION. CUSTOMER AGREES THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING OR ARISING FROM INCLUDING BUT NOT LIMITED TO; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, NEGLIGENT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES HAPPENING FROM THE USE OR MISUSE OF THE MEMBERSHIP OR USE, MISUSE, OR RELIANCE ON THE SITE OR ITS CONTENT. CUSTOMER AGREES THAT USE OF THIS MEMBERSHIP IS AT USER’S OWN RISK.
SLP NOW, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF, 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 THE SLP NOW, LLC 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 SHALL SLP NOW, LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
9. JURISDICTION AND DISPUTE RESOLUTION.
These Terms shall be construed in accordance with, and governed by, the laws of the State of Arizona. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Phoenix, AZ or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to firstname.lastname@example.org.
11. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Updated April 4, 2021.