MEDSLP CONSULTANTS TERMS OF SERVICE
LAST UPDATED: JANUARY 29, 2023
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.
These Terms of Service (individually and together with the Community Guidelines, "Terms" or "Agreement") are between MedSLP Consultants, PLLC / The Modern MedSLP ("the Company" "we," "our," "us") and you, the speech-language pathologist or other individual or other professional, an individual user ("you," "your," "yours"), and govern your use of the Company’s website ("the Site") and any related websites or other online properties owned or controlled by the Company (together with the Sites, the "Service"). INTRODUCTION AND OVERVIEW.
All material on this website, the files associated with it, and materials provided at in-person courses are copyrighted by Brooke Richardson SLP and MedSLP Consultants / The Modern MedSLP. They are protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this website or provided at in-person courses is in the public domain. You may not download, copy, reproduce, redistribute, republish, publicly display, post, make derivative forms of, or transmit material offered by Brooke Richardson SLP unless solely for the use of patient education or as expressly permitted, and then only the designated material.
The Company Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Company Web Site, including those distributed via email, are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. Some of the materials contained on the Company Web Site are licensed under a Creative Commons Attribution-NonCommercial CC BY-NC United States License. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Company Web Site. You may download and make one copy of the Content and other downloadable items displayed on this Company Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Content's copyright notice.
You many not share any Site or Course content including files, videos, website access, etc. with others, in any way. You may not take screenshots or screen recordings, share access to courses and/or materials, in any way.
This includes but is not limited to any circumstances pertaining to creating and/or contributing to content for other instructors, memberships, websites, etc; preparing and/or providing a course or presentation; etc
You are permitted to download and/or print one (1) copy of individual course or resource pages of the Site for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Site from which the materials were obtained.
In the same way that is required with any published works, if any Site or Course materials contribute to your knowledge as you prepare a Course, Presentation, Handout, or other Materials for non-personal purposes, you must cite the author by name
(Brooke Richardson SLP, unless otherwise noted) and include a written hyperlink (TheModernMedSLP.com).
By consuming, downloading, printing, or otherwise using this Site or any Course content, you in no way assume any ownership rights of the content. You must receive our written permission before using any Site or Course materials for professional use or before sharing with others. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium
(including by email, website, link or any other electronic means) any Site materials.
You understand and acknowledge that this Site and its materials, and any components of in-person courses offered by the Company, have been developed through the investment of significant time, effort, education, and expense, and that this Site and its materials are valuable and unique assets of ours which need to be protected from unauthorized use.
2. PURPOSE. FOR INFORMATIONAL / EDUCATIONAL PURPOSES ONLY.
You acknowledge and agree that any information provided in the course of a case presentation, mentoring, clinical consultation, program consultation, and any other services is for educational and informational purposes only. Any recommendations, suggestions, questions, resources, etc. are provided for informational purposes. It is the responsibility of the Consumer to determine the appropriate resources, strategies, evaluation and/or treatment tools, plans of care, and other such professional services for any individual patients/clients. The Company, and any individual providing services herein shall not be held liable for any injury or negative consequence to any patients, clients, or clinicians that may or may not result from the educational services provided. 3. DISCLAIMER OF ANY WARRANTY OR REPRESENTATION.
You agree that The Company has not made any guarantees, warranties, or representations about the results of taking any action, whether recommended in the course of a case presentation or not. You acknowledge that the Company provides educational and informational resources that are intended to help the Consumer succeed in their career in speech language pathology and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – are no guarantee that you or any other person or entity will be able to obtain similar results. 4. RIGHT TO NON USE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
"), which describes how we collect, use, and share your information; (b) agree that the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms; (c) agree that the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; (d) agree that to the greatest extent permitted by law, the Company provides the Website and Site to you on an "as is" basis without warranties of any kind, and The Company’s liability to you is limited; (e) agree that where permitted by law, disputes arising between you and the Company will be resolved by binding individual arbitration. By accepting these Terms, as provided in greater detail below, you and The Company are each waiving the right to a trial by jury or to participate in a class action; (f) agree that if you Post any Objectionable Content on the Service or otherwise violate these Terms, then The Company may—but has no obligation to—take any remedial action that The Company, in its sole discretion, deems appropriate, such as, without limitation, suspending or terminating your Account, removing all of your User Content from the Service, and/or reporting you to law enforcement authorities, either directly or indirectly. 5. ELIGIBILITY TO USE THE SERVICE.
Our Service is intended for general audiences. No one under 18 is allowed to use the Service. TO USE THE SERVICE, YOU MUST BE AT LEAST 18 YEARS OF AGE OR SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE. IF YOU ARE UNDER 18 YEARS OF AGE, OR UNDER ANY HIGHER AGE OF CONSENT PRESCRIBED BY YOUR LOCAL LAW, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By registering an account with The Company, you represent and warrant that (1) you are at least 18 years old if you reside in the United States; (2) if you are not at least 18 years old that you have a parent or legal guardian’s consent to this Agreement or are eligible to form a binding contract with The Company; (3) you will comply with these Terms; (4) your use of the Service does not violate applicable law; and (5) you have not been previously suspended or removed from the Service by The Company. 6. CHANGES TO THESE TERMS.
We may change these Terms from time to time. You may read the current, effective version of these Terms at any time at this location, or by clicking the Terms link at the bottom of the Company website or by clicking Terms of Service in the Site. We will try to notify you of any material changes either within the Site or through an email to the address associated with your account prior to the modifications becoming effective. The revised Terms will become effective at the time of posting. BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS. 7. CHANGES TO THE SERVICE.
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to such change for any reason, your sole remedy is to stop using the Service.
8. PRIVACY; USE OF LIKENESS.
Your privacy is important. By using our Service, you acknowledge that The Company can collect, use, and share your information. You acknowledge that the Company will be broadcasting presentations made by you and others over the Internet and agree to the Company creating a video and/or audio recording of your presentation for use by the Company and by Participants who access the Company’s website. You agree that your likeness (name, face/video, voice, etc) and your case presentation information will be included in this recording. You agree that you will not disclose more information during the talk than you would like recorded (ie, you will state and provide a name for your Zoom account that is consistent with the degree of privacy you desire). 9. PATIENT / CLIENT PRIVACY.
While presenting, during case presentations, patient discussions, requests for information via email or other communications, and while using the Services in any way, you agree to ensure that your patients' Protected Health Information (“PHI”) is kept secure in accordance with HIPAA; Health Insurance Portability and Accountability Act and any other applicable state and federal laws. In addition to redacting/omitting any of your patients' PHI from your presentation as noted below, you agree to redact the name, picture, logo, and other identifying information of any individuals (e.g.: physicians, nurses, and other healthcare providers; patient relatives, etc.), companies (e.g.: hospitals, skilled nursing facilities, insurance companies, etc.), and or others who may be involved in your patient’s care. You agree to redact, de-identify, or otherwise omit any PHI including, but not limited to the following identifiers: Names; All elements of dates (except year) directly related to an individual, including birth date, admission date, discharge date, date of death, all ages over 89 years old; Biometric identifiers, including finger or voice prints; Full-face photographic images or any comparable images that would allow identification of the patient; Geographic subdivisions smaller than a state (e.g.: city, county, etc.) Any other unique identifying number, characteristic, or code; Telephone numbers; Fax numbers; Email addresses; Social security numbers; Medical record numbers; Health plan beneficiary numbers; Account numbers; Certificate/license numbers; Vehicle identifiers and serial numbers, including license plates; Web URLs; Device identifiers and serial numbers; IP address numbers; or Anything that identifies or allows another to identify the subject. 10. CONTENT AND RIGHTS YOU GRANT TO THE COMPANY.
You acknowledge and agree that any User Content remains in the ownership of the original author but you and any created of any User Content grants Company a License for use of the same under the following terms: a. "User Content"
means any content that you or upload, post, or transmit to or through the Service (collectively, "Post") including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any and all the Company Content. You may Post User Content and otherwise use and enjoy its various functionalities, subject to these Terms.
. Subject to any third-party rights in any preexisting content that is a part of your user content and subject to the license you grant to The Company, you retain ownership of any rights you may have in your user content, and posting your user content does not transfer ownership of your rights.
c. License to The Company.
d. Enforcement Rights
. As part of your license to The Company, you give The Company the right to enforce any copyrights you possess in your User Content against any third parties who copy, reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, or otherwise exploit and use, the User Content without The Company’s consent, including by using the Service or otherwise downloading your User Content off of the Site.
e. You Must Have Rights to the Content You Post
. By Posting User Content, you represent and warrant that you own or are fully authorized to grant the license set forth in these Terms in all elements of the User Content. You further represent and warrant that: (i) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any party; (ii) the Posting of your User Content will not require The Company to obtain any further licenses from or pay any royalties, fees, compensation or other amounts, or provide any attribution to any third parties; and (iii) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of User Content you Post.
f. Waiver of Rights to User Content.
By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any similar rights in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in any User Content you Post.
g. Objectionable Content
. You agree not to Post any User Content that could be interpreted in The Company’s sole discretion to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) in violation of any applicable laws, (iii) putting other Users’ data privacy and security at risk; (iv) promoting any product, good or service; (v) promoting bigotry, discrimination, hatred, intolerance, or racism; or (vi) inciting violence (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. The Company in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content, and/or reporting the User to law enforcement authorities, either directly or indirectly.
h. Screening Content
. The Company does not pre-screen any User Content, but reserves the right to remove or delete any User Content in its sole discretion. In addition, The Company has the right—but not the obligation—in its sole discretion to remove or delete any User Content: (i) that The Company considers to violate these Terms or applicable law; (ii) that The Company considers to be Objectionable Content; or (iii) in response to complaints from other Users, licensors of any The Company Content, or rights holders related to the User Content, with or without notice and without any liability from The Company to you. The Company also has the right—but not the obligation—to take remedial action in connection with any Objectionable Content Posted as described more fully in the Community Guidelines. The Company recommends that you save copies of any User Content that you Post on your personal device(s) to the extent you want to ensure permanent access to copies of such User Content.
i. User Content Posted by Others
. Although The Company reserves the right to review or remove any User Content, we do not review all User Content, and we take no responsibility for the User Content that appears on the Service. User Content is the sole responsibility of the person or entity that Posts the User Content. As reflected in these Terms and in our Community Guidelines, we have no tolerance for Objectionable Content, and we do not want our Service put to any improper use, but we cannot guarantee that all User Content will always conform to these Terms. If you encounter any Objectionable Content on the Service, please immediately email The Company at BrookeRichardsonSLP@gmail.com. The Company provides you with the ability to report Objectionable Content as a courtesy, and The Company has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to The Company.
j. No Liability
. For the avoidance of doubt, The Company will not be liable for any use or misuse of User Content by any User.
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS.
If you believe the Company or any third party has violated your copyright, you must give notice as follows:
a. Respect of Third-Party Rights
. The Company respects the intellectual property of others and takes the protection of intellectual property very seriously. We ask you to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy
. We will (i) remove or disable access to material made available on or through the Service that The Company believes in good faith, upon notice from an intellectual property owner or his or her agent, to be infringing the intellectual property of a third party; and (ii) remove any User Content uploaded to the Service by "repeat infringers." The Company considers a "repeat infringer" to be any User that has Posted User Content and for whom The Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. The Company has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon The Company’s own determination.
c. Procedure for Reporting Claimed Infringement
. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing substantially the following information to The Company’s Designated Agent identified below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit The Company to locate the material;
4. Information reasonably sufficient to permit The Company to contact you, such as an address, telephone number and, if available, an electronic mail
address at which you may be contacted;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its
agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
d. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. We may share the Notification of Claimed Infringement with the User alleged to have infringed a right you own or control, and you hereby consent to The Company making such disclosure.
e. Designated Agent Contact Information. The Company’s Designated Agent can be contacted at E-mail: firstname.lastname@example.org or Via U.S. Mail: MedSLP Consultants, PLLC, c/o Eldreth Law Firm, PC, Attn: Justin Eldreth, 115 S. Saint Mary’s St. Ste. C Raleigh, NC 27603.
f. Counter Notification. If you receive a notification from The Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide The Company with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to The Company’s Designated Agent through one of the methods identified in Section 15.d., and include substantially the following information.
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it
was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and
4. The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for
the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which
The Company may be found, and that the subscriber will accept service of process from the person who provided notification under Section 15.c above
or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
g. Reposting of Content Subject to a Counter Notification
. If you submit a Counter Notification to The Company in response to a Notification of Claimed Infringement, then The Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that The Company will replace the removed User Content or cease disabling access to it in 10 business days, and The Company will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless The Company’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on The Company’s system or network.
h. False Notifications of Claimed Infringement or Counter Notifications
. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of The Company relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f). The Company reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. 12. WARRANTY DISCLAIMER
. We make a significant effort to provide the best Service we can, but we make no promises, representation, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.
NEITHER THE COMPANY NOR ITS AFFILIATES (COLLECTIVELY, "THE COMPANY") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. THE COMPANY WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO THE COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE GREATEST EXTENT PERMITTED BY LAW THE COMPANY DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW: THE COMPANY, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, "THE COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE COMPANY’S LIABILITY, AND THE LIABILITY OF ANY OTHER THE COMPANY PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF U.S. $100 OR THE TOTAL AMOUNT YOU HAVE PAID THE COMPANY FOR SUBSCRIPTION-BASED ACCESS TO THE SERVICE AS OF THE DATE OF THE APPLICABLE CLAIM. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
14. GOVERNING LAW.
This Agreement is governed by the substantive laws of the State of North Carolina without regard to its laws that would direct the choice of any other state’s laws. If you are a consumer who lives in the EU, this Section 18 is without prejudice to any rights you may have under mandatory law which cannot be varied by contractual choice of law. 15. ARBITRATION.
This Section does not apply if you reside in the European Economic Area or in another jurisdiction which prohibits mandatory arbitration clauses in consumer contracts.
a. In the interest of resolving disputes between you and The Company in the most expedient and cost effective manner, you and The Company agree that any dispute arising out of or in any way related to this Agreement or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and The Company will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting The Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). The Company’s address for Notice is: MedSLP Consultants, PLLC, ATTN: c/o Eldreth Law Firm, PC, Attn: Justin Eldreth, 115 S. Saint Mary’s St. Ste. C Raleigh, NC 27603. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or The Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award, The Company will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; or (2) the last written settlement amount offered by The Company in settlement of the dispute prior to the arbitrator's award.
e. Waiver of Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Waiver of Jury Trial. YOU AND THE COMPANY AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and The Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and The Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL.
g. Modifications to this Arbitration Provision. Except as otherwise provided in this Agreement, if The Company makes any future change to this arbitration provision, other than a change to The Company’s address for Notice, you may reject the change by sending The Company written notice within 30 days of the change to The Company’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and The Company.
h. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor The Company can force the other to arbitrate. To opt out, you must notify The Company in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your The Company username and the email address you used to set up your The Company account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: MedSLP Consultants, PLLC, c/o Eldreth Law Firm, PC, Attn: Justin Eldreth, 115 S. Saint Mary’s St. Ste. C Raleigh, NC 27603, or email the opt-out notice to email@example.com.
i. Enforceability. If Section 20.f above is found to be unenforceable, then the entirety of this Section 20 will be null and void. If this Arbitration Provision is invalidated in whole or in part, Section 21 shall govern any claim in court arising out of or relating to these Terms or your use of the Service. 16. VENUE.
To the extent a claim, dispute, or controversy arises out of or in connection with these Terms or your use of the Service that is not subject to mandatory arbitration under Section 20, both you and The Company agree that all such claims and disputes will be litigated exclusively in the United States District Court for the Eastern District of North Carolina. If that court would lack original jurisdiction over the litigation, then such claims and disputes will be litigated exclusively in the Superior Court of Wake County, North Carolina. You and The Company consent to the personal jurisdiction of both courts.17. INDEMNITY.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold The Company harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to, use, or misuse of The Company Content or the Service; (c) violations of HIPAA; or (d) your User Content. The Company will provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if The Company believes that you are unwilling or incapable of defending The Company’s interests. In such case, you agree to cooperate with any reasonable requests assisting The Company’s defense of such matter at your expense.
18. ADDITIONAL TERMS.
From time to time, The Company may require you to agree to additional terms and/or policies that it makes available to you in connection with your use of the Service or in connection with a special promotion ("Additional Terms"). Except as expressly stated otherwise, such Additional Terms are hereby incorporated into and subject to this Agreement. This Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency. 19. SEVERABILITY.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. 20. MISC.
a. If The Company provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
b. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of this Agreement or your use of the Service.
c. Failure of The Company to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement.
d. No waiver will be effective against The Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
e. Except as expressly agreed by The Company and you, these Terms constitute the entire agreement between you and The Company with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
f. The Section headings herein are provided merely for convenience and will not be given any legal import.
g. This Agreement will inure to the benefit of The Company’s successors and assigns.
h. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of The Company. The Company may assign this Agreement, including all its rights hereunder, without restriction.
i. You may read our Cookies Policy here
.21. NON-DISCRIMINATION POLICY
: It is the policy of MedSLP Consultants to provide equitable opportunities in both accessing and providing information to others. This includes, but is not limited to, opportunities for: membership to our website, purchasing of goods and services provided by the website, engaging in open forum discussions on the website and in other areas provided by MedSLP Consultants, and seeking employment with the website. Thus, MedSLP Consultants does not discriminate on the basis of race, color, national origin, language, religion, sex, age, disability, citizenship, marital status, creed, sexual orientation, gender expression, gender identity, or other characteristic protected by federal law.