Terms and Conditions for The Hands On Approaches Vault
(hereinafter referred to as the “Membership”)
You must read and agree to these Terms and Conditions for the Vault™ Membership and community platform being utilized for the Vault™ Membership (hereinafter referred to as the “Membership”) carefully and in their entirety before purchasing and/or using the Membership. The Membership and its content are owned by Hands on Approaches.
By purchasing and/or using the Membership, you implicitly hereby agree to be legally bound by the following:
1. DEFINITIONS USED HEREIN
“Company”, “We”, “I”, “Our”, or “Us” means Hands on Approaches owned by Amy and Evelyn Guttmann. “Participation”, “Participating”, “Using”, or “Use” means reading, purchasing, watching, listening to, implementing, trying, or otherwise engaging in the Membership. “You” or “Your” means the purchaser and person using the Membership.
2. CONSENT TO THESE TERMS AND CONDITIONS
By participating in the Membership, you understand that Amy and Evelyn Guttmann are licensed occupational therapists in the State of New York; however, they will not be practicing and/or servicing you, your business, or personal situation with occupational therapy services. Amy and Evelyn Guttmann are not your occupational therapists through this membership. You can only get therapeutic advice from a qualified licensed occupational therapist.
This Membership is for informational and educational purposes only. The information and education provided in this Membership is not intended or implied to supplement or replace the professional advice of an occupational therapist, licensed mental health professional or pediatrician. You should consult with a professional in those areas (medical, psychological, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular medical or psychological situation.
Although we do our best to make sure all of the Membership’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Membership’s information, or its safety or efficacy as it applies to you.
4. NO PATIENT-CLIENT RELATIONSHIP BETWEEN US
We do not offer to create any formal patient-client relationship with you in the Membership. A formal patient-client relationship is only created once you have entered into a specific and separate written agreement. Amy and Evelyn Guttmann do not offer to enter into these relationships, or to sign agreement letters, in the Membership or anywhere else in their business. Therefore, you are not in a patient-client relationship with Amy or Evelyn Guttmann or Hands on Approaches by purchasing the Membership.
5. ASSUMPTION OF THE RISK
You should use your best judgment in using the information provided in the Membership. Purchase the Membership at your own risk after careful consideration of whether the Membership is best for you and suits your needs.
It’s your responsibility to discern the risk of purchasing the Membership and/or implementing its suggestions, content, templates or deliverables. By purchasing the Membership, you’re assuming responsibility for your actions, choices, or lack thereof, related to the Membership.
6. INTELLECTUAL PROPERTY OWNERSHIP
The Membership and its content, including, but not limited to, all video modules, lectures, handouts, printables, video material, audio material, community communications, design, data, icons, artwork, images, photographs, graphics, music, sound, messages, software, source codes and the HTML used to generate the pages are intellectual property owned by Hands on Approaches, and are protected by patent, trademark and copyright under United States and/or foreign laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
In accessing the Membership, you agree that you will not access the content solely for your personal and non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Hands on Approaches.
You agree to the following:
2. If you do not give the Membership all the information needed, Hands on Approaches may not be able to complete your subscription to the Membership.
3. You will not use the Membership to communicate, transmit or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
4. You will not use the Membership or website to engage in conduct that would constitute a criminal or civil offense, or that violates any applicable laws or regulations.
5. You are 18 years old and are legally capable of entering into binding contracts.
6. You will not use or attempt to use any engine, software, tool, or other device to navigate or search the Membership other than the search engines and search agents available through the Membership.
7. You will not attempt to interfere or obstruct in any way with the Membership platform or related network security or attempt to use the Membership to gain unauthorized access to other computer systems.
8. You will not post or transmit any file which contains viruses, worms, Trojan Horses, or any other contaminating or destructive features or that otherwise interfere with the proper working of the Membership.
7. NO SHARING ALLOWED
You cannot distribute, copy, forward, give access to, and/or share the Membership, or and of its content with anyone else. Any violations of this policy will be legally pursued to the fullest extent permitted by law. No screenshots of community messages or content may be distributed. Solicitation for services, whether professional or personal are prohibited. Any solicitations done through private messages sent to an individual member will also be considered a breach of this article. No links to other memberships or therapeutic considerations can be shared without consent from the administrator. These links and comments may be removed without your consent. If you share any content or solicit in any way, and for any reason, we reserve the right to remove you from the Membership immediately; no refund will be issued, and no future access will be permitted.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Membership, you will be removed from the Membership immediately, no refund will be issued, and no future access will be permitted.
If we believe you are abusing the Membership, platform or community in any way, we may, at any time and without advance notice or liability in our sole discretion and without limiting other remedies, limit, suspend or terminate your account(s) and take technical and/or legal steps to prevent you from using the Membership.
We reserve the right to refuse or terminate the Membership to anyone for any reason at our discretion.
8. NO CLAIMS MADE REGARDING RESULTS
Any and all current or past-client testimonials, statements, or examples used by us are simply that examples. They are not guarantees that you will also experience or receive the same results. Each person’s circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular therapy-based outcome based on the use of or participation in the Membership. We are not responsible for the success or failure of your medical, psychological, emotional or physiological health, or any other result of any kind that you may have as a result of your participation in the Membership.
9. DISCLAIMER - NO WARRANTIES, GUARANTEES, OR REPRESENTATION ARE BEING MADE
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Membership in any way including, but not limited to, your future outcomes, therapeutic interventions, or harm derived as a result of your use of the Membership. The Membership is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Membership.
10. YOUR RELEASE OF US, INDEMNIFICATION, AND HOLD HARMLESS
To the fullest extent permitted by law, Hands on Approaches expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Membership, its materials, our website, or any other information obtained by you from us. By enrolling in the Membership, you hereby agree to this limitation of liability and release Hands on Approaches from any and all claims.
By participating in and/or purchasing the Membership, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Hands on Approaches, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Membership and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms and Conditions.
By enrolling in the Membership, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Hands on Approaches as stated in this section herein.
11. REFUND POLICY
No refunds will be issued under any circumstances due to the instant-downloadable nature of the therapeutic templates and amazing video/audio content inside.
If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us at firstname.lastname@example.org
12. DISPUTE RESOLUTION
In the event of any claim, controversy, or alleged dispute between you and Hands on Approaches, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding.
Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with you attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in New Your County, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burden (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Hands on Approaches. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Hands on Approaches, be subject to binding arbitration: (1) any Disputes related to, or arising from allegations of criminal activity; (2) any Disputes concerning Hands on Approaches' intellectual property rights; and (3) any claim for injunctive relief. Any Dispute not subject to arbitration shall be decided by the state or federal court located within New York County, New York, United States of America. Each party hereby waives any claim that such venue is improper or inconvenient.
You hereby waive your right to a jury trial with respect to any claim, action, or proceeding, directly or indirectly, arising out of or relating to these terms and conditions to the fullest extent permitted by law. You understand that absent this provision, you would have the right to sue in court and have a jury trial.
13. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
14. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
• General Payment Plan Terms
When you pay for the Membership by credit card, you authorize and give permission to Hands on Approaches to charge your credit or debit card for the amount owed for payment of the Membership. When you purchase the Membership, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, or Searchie (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Hands on Approaches is not responsible for the merchant’s independent policies or practices.
If you choose monthly or annual membership to purchase the Membership, you hereby authorize and give permission to Hands on Approaches to automatically charge your credit card, debit card, or PayPal account, as payment for the Membership, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Membership Plan. By choosing the Membership Plan, you agree and understand that all monthly or annual payments are owed in full. There are no exceptions and no refund requests or stop payments will be granted or accepted.
In the event that you wish to cancel your Membership you may do so as follows:
Monthly Members may cancel their membership online at least thirty (30) days before the next month renewal date. You will be charged for one more month after you notify Hands on Approaches of cancellation. When this cancellation month is up, your membership will be terminated, and you should not receive any more charges from the Membership (the “Monthly Cancellation Policy”).
For example, if you wish to cancel your membership beginning in August, you must cancel your membership in July, and will still be charged the membership fee for the month of July.
Yearly Members may cancel their membership online at the close of the current year. When this cancellation year is up, your membership will be terminated and you should not receive any more charges from the Membership (the “Yearly Cancellation Policy”).
For example, If you wish to cancel your membership during the year, you will be charged for all remaining months in your Current Year and the charges will subside after your year has expired. For the avoidance of doubt, a “Year” is defined as 12 months from the month you created your Membership with Hands on Approaches.
If you do not cancel your membership in accordance with either the Monthly Cancellation Policy or the Yearly Cancellation Policy, then your membership will automatically renew for another term, either Month or Year, depending on your selection.
CREDIT CARD DETAILS
Credit Cards on the Platforms are securely processed by the Membership’s credit card processor. We reserve the right to use a Third Party to store and process credit card information.
CHANGE OF USE
The Membership reserves the right to change or remove (temporarily or permanently) the Platforms and/or online services without notice and you confirm that the Membership shall not be liable to you for any such change or removal and change to Terms and Conditions at any time. Your continued use of the Platforms following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTIES
The Platforms may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
THIRD PARTY ADVERTISING
We may use third party advertising companies to collect data and/or service when you visit the Platforms. These companies may use information about your visits to the Platforms and other websites and applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/or contact the Membership.
15. LIMITATION OF LIABILITY
Hands on Approaches is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Membership. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Membership, templates, and/or its content, due to any act, or failure to act, by you. In no event shall we be liable to you for any indirect, special, exemplary or consequential damages.
The provisions of these Terms and conditions shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms and Conditions shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms and Conditions as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
By purchasing and/or participating in the Membership, you implicitly signify your agreement to all of the terms in these Terms and Conditions.
17. ENTIRE AGREEMENT
These Terms and Conditions contain the entire agreement between the Purchaser and the Company. There are no other promises or conditions in any other agreement (oral or written) between the Purchaser and the Company.
18. APPLICABLE LAW + VENUE
These Terms and Conditions shall be governed by the laws of the state of New York. Any action brought by any party arising out of or from these Terms shall be brought within the State of New York, County of Kings County.
If you have any questions about these Terms and Conditions, please contact us at email@example.com. Thank you!
Updated as of September 21, 2022