TERMS OF USE
Last updated: February 28, 2018.
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the montgomeryspeechtherapy.com website operated by Montgomery Speech Therapy PLLC ("us", "we", "our", or "MST").
The Terms of Use listed below apply to all of Montgomery Speech Therapy's websites and social media platforms. These will henceforth be referred to as "the website".
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Acceptance
Your access to and use of the website is conditioned upon your acceptance of and compliance with these Terms of Use. These Terms apply to all visitors, users and others who wish to access or use the website.
By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the website.
You alone are responsible for your use of this web site.
MONTGOMERY SPEECH THERAPY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS WEBSITE OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THIS WEBSITE. MST DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THIS WEBSITE OR ON THE INTERNET GENERALLY.
MONTGOMERY SPEECH THERAPY MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. MONTGOMERY SPEECH THERAPY DOES NOT HAVE A DUTY TO ANYONE USING THIS WEBSITE AND IS NOT LIABLE FOR ANY HARM OR INJURY RESULTING TO ANY USER OR ANYONE ELSE RESULTING FROM ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE.
Communications
By subscribing to our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any service made available through the website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Web User Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating service offerings on the website. We may experience delays in updating information on the website and in our advertising on other web sites. The information found on the website may contain errors or inaccuracies and may not be complete or current. Services may be mis-priced, described inaccurately, or unavailable on the website and we cannot guarantee the accuracy or completeness of any information found on the website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the website may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.
Credit Card Charge Authorization
By providing your credit card to Montgomery Speech Therapy, you authorize MST to charge the provided credit card for services rendered and any related expenses. In addition, you understand your credit card will be charged in the event that:
- You do not pay your invoice in full on the date it is due.
- Proper cancellation procedures are not followed as noted in the Cancellation and No-Show Policy.
- A check is returned for insufficient funds (fee of $25.00)
- At discharge, if an account balance remains, your credit card will be charged for unpaid services to discharge date.
You further understand it is your responsibility to inform Montgomery Speech Therapy PLLC of any changes in your credit card information including address, zip code, updated expiration dates, account numbers and security codes.
By providing your credit card to Montgomery Speech Therapy, you understand that if your balance is not paid in full 5 days after your payment is due, your credit card on file will be charged for all payments owed to Montgomery Speech Therapy PLLC.
Should automatic billing fail to occur for any reason, MST will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the services rendered as indicated on the invoice.
**Therapy services will not be begin unless you authorize Montgomery Speech Therapy to charge your card in accordance with the above terms.
Free Consultation or Free Screening or Introductory Offer
Montgomery Speech Therapy may, at its sole discretion, offer a free consultation, free screening, or other introductory offer for a limited period of time ("Free Consultation", "Free Screening", or "Introductory Offer").
At any time and without notice, Montgomery Speech Therapy PLLC reserves the right to (i) modify the terms and conditions of the Free Consultation, Free Screening, or Introductory Offer, or (ii) cancel such Free Consultation, Free Screening, or Introductory Offer.
Fees Changes
Montgomery Speech Therapy PLLC, in its sole discretion and at any time, may modify the service fees for the services rendered. Any service fee change will become effective at the end of the then-current month cycle.
Montgomery Speech Therapy PLLC will provide you with a reasonable prior notice of any change in service fees to give you an opportunity to terminate your services before such change becomes effective.
Your continued use of the services after the service fee change comes into effect constitutes your agreement to pay the modified service fee amount.
Refunds
Certain refund requests for services may be considered by Montgomery Speech Therapy PLLC on a case-by-case basis and granted in sole discretion of Montgomery Speech Therapy PLLC.
Content
Our website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the website, including its legality, reliability, and appropriateness.
By posting Content on or through the website, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the rendering of services to anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the website. However, by posting Content using the website you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to these Terms.
Montgomery Speech Therapy has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this website are the property of MST or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the website infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@montgomeryspeechtherapy.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the website on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the website where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent at legal@montgomeryspeechtherapy.com.
Intellectual Property
The website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Montgomery Speech Therapy PLLLC and its licensors. The website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Montgomery Speech Therapy PLLC.
Links to Other Websites
Our website may contain links to third party web sites or services that are not owned or controlled by Montgomery Speech Therapy PLLC.
Montgomery Speech Therapy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Montgomery Speech Therapy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Cancellation
For service specific Cancellation and No-Shows see:
We may terminate or suspend rendering services and bar access to services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Montgomery Speech Therapy PLLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the website and speech therapy services b) a breach of these Terms, or c) Content posted on the website.
Limitation of Liability
In no event shall MST, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
"As Is"
THIS WEBSITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY. ANY ACCESS TO THIS WEBSITE IS VOLUNTARY. MONTGOMERY SPEECH THERAPY WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK.
MST cannot and does not guarantee that content posted on the website will not be viewed by unauthorized third parties, and cannot control the actions of others (i.e. users, friends, fans, participants) who may either view or share information that has been posted.
MST does not guarantee continuous, uninterrupted or secure access to this web site. Operation of this web site may be interfered with by numerous factors outside of the control of MST.
Montgomery Speech Therapy does not warrant or guarantee that files available for downloading through this website will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. While we will make reasonable efforts to prevent such files from appearing on the website and to remove any such files that do appear, we make no assurances and we explicitly disclaim any responsibility for any such files and for any damage or effects caused by such files by reason of access to the website.
MST cannot and does not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You are responsible for maintaining a means external to the web site for the reconstruction of any lost data.
MST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this web site, or any part thereof, with or without notice.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the website.
Blog
All content provided on the website blog is for informational purposes only. Montgomery Speech Therapy makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. We will not be liable for any errors or omissions in this information nor for the availability of this information. We will not be liable for any losses, injuries, or damages from the display or use of this information.
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Contact Us
If you have any questions about these Terms, please contact us.
Montgomery Speech Therapy
PO Box 1307
Montgomery, TX 77356