You must read, agree with and accept all of the terms and conditions contained in this Terms of Service Agreement which include those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that, as you read this Terms of Service Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a user. Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Butterfly Effects, LLC (“Butterfly Effects.com”) and our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website”).
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
This Website provides information and products over the Internet and is intended only to assist users in their personal educational related efforts and information gathering. Butterfly Effects, LLC is not a medical organization and our staff cannot give you medical advice or diagnosis. Whilst we try our best to provide the most comprehensive information nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment.
You are urged and advised to seek the advice of an expert before beginning any treatment program. This Website is intended for use only by adult individuals. The Website is not intended for use by minors, or individuals with any type of health condition. Such individuals are specifically warned to seek professional advice prior to initiating any form of educational program. Before implementation of any programming you agree to review it first with the client’s primary heath care provider to ensure you understand the risks and benefits of the procedure(s). By agreeing to our Terms & Conditions you are agreement that you and your heath care provider have reviewed the risks and benefits.
- This site if for informational purposes only.
- If this is an emergency please call 911.
- You must be 18 years or older to use this site. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF THE SERVICES THAT THIS WEBSITE OFFERS. We strongly advise that children under the age of 18 ask for their parent’s or guardian’s permission before viewing, entering, or browsing our Website.
- You must comply with all notices and information posted on this site.
- All payments received by Butterfly Effects are non-refundable unless authorization has been given to credit your account.
- Butterfly Effects is not responsible for any links to or from this site.
- Butterfly Effects is not responsible for the individuals or companies listed on our site who provide in home services. This also applies to any individuals or providers who have taken one of our offline or online courses.
- You must not use the site in a manner contrary to any applicable laws.
- You may not modify in any way, proprietary materials downloaded or printed out from the Site.
General Terms and Conditions
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
The term “client” will be used to define whomever the behavior analyst provides services (Assessment Reviews, Program Development, and Program Reviews). The client could therefore be an individual person, a parent or guardian of the service recipient, an institutional representative, a public or private agency.
License and Site Access
ButterflyEffects.com grants you a limited license to access and make personal use of this site and material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ButterflyEffects.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing ButterflyEffects.com name or trademarks without the express written consent of Butterfly Effects, LLC. Any unauthorized use terminates the permission or license granted by ButterflyEffects.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ButterflyEffects.com so long as the link does not portray ButterflyEffects.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
When you register on our website, you will be required to provide us with the following information: your (and the clients) name, e-mail address, mailing address, zip code, country, gender, age, birth date, member name and password. In addition, you may choose to provide Butterfly Effects with additional information, including: your credit card information, your billing address and any other information that is used to provide our online and offline services.
You must register in accordance with instructions that you will find on this Website to participate in and to contribute to, any Forum or Community Discussion or use of the “Find a Friend” features of our Website. A “Forum” means any chat room, message board, bulletin board, or similar activity where you and other users of our Website can communicate.
Butterfly Effects, LLC reserves the right to terminate your Butterfly Effects e-mail account and remove your personal information from our website if Butterfly Effects learns that you have provided Butterfly Effects with false or misleading registration information.
Content and Community Standards
You alone are responsible for the content of your messages, and the consequences of any such messages. Butterfly Effects reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Butterfly Effects is to be used by you for your personal use only. Commercial uses of Butterfly Effects are strictly prohibited unless prior written consent from Butterfly Effects has been granted. You agree that you will not use Butterfly Effects for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Butterfly Effects to send or post on message boards or any place on Butterfly Effects, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by Butterfly Effects in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Butterfly Effects. Butterfly Effects reserves the right to delete any such material from Butterfly Effects. Butterfly Effects will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Butterfly Effects. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Butterfly Effects to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Butterfly Effects permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Trademarked Content”); (ii) these trademarks are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Butterfly Effects copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Butterfly Effects Trademark. The burden of determining that any information, software, images or any other content on Butterfly Effects is not protected by a Trademark rests with you. You acknowledge that Butterfly Effects may acquire the rights to use any posted materials as described below.
By submitting content, which shall include your member name, to any “public area” of Butterfly Effects, including message boards, forums, contests, personal websites and chat rooms, you grant Butterfly Effects and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Butterfly Effects retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, QUESTION AND ANSWER FORUMS, FIND A BUDDY, OR ANY OTHER AREA ON BUTTERFLY EFFECTS, YOU HEREBY EXPRESSLY PERMIT BUTTERFLY EFFECTS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY THE BUTTERFLY EFFECTS LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
Author and Copyright Information
In the event you believe that material or content published on Butterfly Effects.com or any of it’s affiliate sites may infringe on another’s or your copyright, please provide detailed written notice of such possible infringement to Butterfly Effects, General Council, 500 Fairway Drive, Suite 102, Deerfield Beach, FL or send a detailed message through our Contact Us form. Any educational advice provided and hosted on this site will only be given by trained and qualified professionals. All articles with Butterfly Effects as the author have been written by our team members for educational purposes only. In the event an article or advice has been given that is not research based or qualified, this will be stated. The trademarks “Behavior Analyst Certification Board, Inc.,” “BACB,” “Board Certified Behavior Analyst,” “BCBA,” “Board Certified Associate Behavior Analyst,” and “BCABA” are owned by the Behavior Analyst Certification Board. All rights reserved. Copyright © 1998-2006 by BACB® All rights reserved.
Password, User Account and Confidentiality
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password.
Online Behavior Analysts
ButterflyEffects.com is a site designed to help users find and understand information on behavioral diagnostic and therapeutic, and heath related topics. Butterfly Effects Is Not a Substitute for Medical Advice: THIS WEB SITE IS NOT DESIGNED TO AND DOES NOT, PROVIDE MEDICAL ADVICE. All content (“Content”), including text, graphics, images and information available on or through this website are for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you might have regarding a medical condition. Never disregard professional medical advice or delay in seeking medical treatment due to information obtained on Butterfly Effects.
Your use of Butterfly Effects, LLC will involve contact with a Butterfly Effects, LLC Board Certified Behavior Analysts (BCBA) and Board Certified Associate Behavior Analysts (BCABA). The BCBA/BCaBA providing information on this site are employees and/or contractors of Butterfly Effects LLC. They will not give medical advice; rather they will help you find answers to your questions regarding behavioral diagnostics and therapies available to you the client. Our BCBA/BCaBA will NOT enter a patient-provider relationship with you. They can assist you in your research and general understanding of the client’s behavioral concerns, but they will NOT engage in conduct that involves the practice of medicine, including the forming of a diagnosis.
The information you obtain from Butterfly Effects should not be used as a substitute for a relationship with the client’s primary care provider. All users and clients are encouraged to seek the advice of, and regularly consult with, their primary care physician and local Board Certified Behavior Analyst.
We encourage you to refrain from disclosing personal information of a kind you would wish to be kept confidential. Our BCBA/BCaBA will NOT enter a “patient-provider” relationship with users and thereby will not consider personal medical information, which is provided by users, as part of any type of permanent “medical record”. We encourage you to print and maintain a copy of your account records at all times as Butterfly Effects does not consider the documents (any materials contained within the site) as MEDICAL RECORDS and, thus, will not maintain them with termination of account. Should you wish to move your account to a dormant status, this must be made clear prior to termination of the account. At an established rate, dormant will allow you to access your information online, but not utilize any of the system’s tools. The use of Butterfly Effects and the content herein is to be used at your own risk. The Butterfly Effects site and the site content are provided “as is.” Butterfly Effects disclaims all warranties; expressed or implied, statutory or otherwise. Specifically, Butterfly Effects makes no representations or warranties about the following: The accuracy, reliability, completeness, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of Butterfly Effects. The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content presented on Butterfly Effects or through links made to other sites through Butterfly Effects. Butterfly Effects, LLC and its officers, directors, employees, agents, contractors and information providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the ButterflyEffects.com Site. In no event shall Butterfly Effects, Inc its officers, directors, employees, agents, and information providers liability to you exceed U.S $10.00. This Agreement is governed by Florida Law. Any action against Butterfly Effects, LLC must be brought in the state of Florida, USA.
BUTTERFLY EFFECTS IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. IN NO EVENT SHALL BUTTERFLY EFFECTS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE BUTTERFLY EFFECTS SITE.
In Case of Emergency Call Your Doctor or 911 immediately.
Endorsements: Butterfly Effects does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics or other information that may be mentioned or referenced on this Web site.
Rely at Your Own Risk: RELIANCE ON ANY INFORMATION ON THIS WEB SITE IS SOLELY AT YOUR OWN RISK.
Butterfly Effects’ Relationship with Listed Providers
Our Providers are used by our clients to provide services and help within the home, school, or the actual place where the problem behavior is occurring. Please note that the Provider(s) you are working with are compensated by Butterfly Effects for their time spent in explaining, delivering and managing your online account. This compensation is separate from the hourly fee that they charge you for services rendered.
Advertising and Third Party Content
From time to time we may advertise Third Party products and services. In the case that we do advertise a Third Party’s Content, that content will be labeled as an advertisement, or will be encased in box or banner and presented to viewers in a manner and context that facilitates differentiation between content provided by Butterfly Effects and Third Party Advertising.
Butterfly Effects does provide resources to assist clients in locating Providers in their area that may utilize the Butterfly Effects Website and who may or may not have received training through one of our classes. Butterfly Effects will release your contact information to the Provider only at the request of the client for a third-party service. The nature of the relationship with each listed Provider is between the user and the Provider and Butterfly Effects LLC makes no claim to the effectiveness of the services provided by any of the aforementioned Providers.
Butterfly Effects also lists its Providers on a rating scale which is determined by a number of algorithmic factors set by our system. Butterfly Effects makes no warranty, expressed or implied as to the accuracy of these ratings. Butterfly Effects publishes an industry standard list of service pricing for Behavioral Services. Butterfly Effects has no control over the rates set by the providers either listed on this site or referred to by the Client.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $10. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
It is also clearly understood that Butterfly Effects, LLC is not engaged in the practice of medicine and that this site is to be used for informational purposes only.
This Agreement is governed by Florida Law. Any action against Butterfly Effects, LLC must be brought in the state of Florida, USA. You agree that the state or federal courts located in Sarasota, Florida, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or in relation to the Agreement or your use of the ButterflyEffects.com Site. You waive any claim that a court located in the state of Florida, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. If you have any questions about our Terms of Service please direct them to Customer Service which can be reached through our Contact Us form.