Agreement between User and all websites owned by Dotterer Educational Consulting, a Therapy Services, LLC company. Websites include 1. cheridotterer.com 2. thewritingglitch.com 3. disabilitylabs.com.
TERMS OF SERVICE 1. These terms of service (“Terms”) govern each user’s (“user” or “you” or “your”) access to and use of our website at cheridotterer.com, thewritingglitch.com, and disabilitylabs.com, and all other services we provide (collectively, the “Services”), as well as any information, files or other materials uploaded, downloaded, transmitted or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By registering with the Services, uploading or downloading Content, or otherwise actively using the Services, you agree to be bound by these Terms. Dotterer Educational Consulting, a Therapy Services, LLC company (DEC), owns and provides the Services.
To access all or a portion of the Services, you may be required to create an account on the DEC Site. You are responsible for your use of the Services, for any Content you post to or distribute through the Services, and for any consequences thereof. You are responsible for the actions of each person who uses your account, whether or not you have expressly authorized that person to use your account. The Content you submit, post, or display may be viewed by other users of the Services and through third-party services and websites. You should only upload, share, or transmit Content that you have the right to upload, share, or transmit and that you are comfortable sharing with others under these Terms. By uploading Content to the Services, you grant us a perpetual, irrevocable, royalty-free, worldwide license to transmit, copy, and use that Content and create derivative works as necessary and appropriate (“Content License”). Membership. Your purchase of a Membership entitles you to access our library of professional development content. Such entitlement rights shall end when your Membership terminates. In order to purchase a Membership, you must agree to the additional terms of the Membership Agreement, including the payment of any required fees. From time to time, we may offer bonuses to users who purchase a Membership. You will be entitled to any bonuses offered to you at the time of your purchase. The availability of such bonuses may vary, and bonuses may be offered or ended at our sole discretion. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Services are always evolving, and the form and nature of the Services may change from time to time without prior notice. In addition, DEC may stop (permanently or temporarily) providing the Services or any features within the Services to you or to other users without notice. DEC also retains the right to create limits on use and storage at DEC’s sole discretion at any time without prior notice. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for granting you access to and use of the Services, you agree that DEC and its partners and advertisers may place advertising on the Services or in connection with the display of Content or information from the Services submitted by you or others. How Old Are You?
- 18 or older: If you are 18 years or older, you warrant that you have the right, authority, and capacity to accept these Terms as a binding agreement.
- 13 through 17: If you are at least 13 but not yet 18, please ask your parent or guardian to use our Services on your behalf. Each young person who registers with us must provide verifiable consent from a parent or guardian. We may change the process for obtaining verifiable consent from time to time to reflect changes in technology and changes in applicable laws and regulations.
If we are informed in writing that someone who is aged 13 through 17 has provided any Content to us or has registered with us but without consent from a parent or guardian, then we will delete the account, and we will delete any Content provided by the young person.
- Under 13: You may not use our Services if you are under 13 years old.
If we are informed in writing that someone who is under age of 13 has provided any Content to us or has registered with us, then we will delete the account, and we will delete any Content provided by the young person.
8. Restrictions on Content and Use of the Services We reserve the right at all times (but we do not have the obligation) to remove or refuse to distribute any Content on the Services and to terminate users and reclaim user names. We also reserve the right to access, read, preserve, and disclose any Content or other information for any reason in our sole discretion, including without limitation to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of DEC, its users, and the public. You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, DEC computer systems, or the technical delivery systems of the website’s systems;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available interfaces published by DEC (and only pursuant to those interfaces), unless you have been specifically allowed to do so in a separate written agreement signed by DEC;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- interfere with, or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Intellectual Property Policy DEC respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright or other intellectual property infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance. If you believe that your Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly infringing Content (“takedown notice”). Each takedown notice must be in English and include the following information:
- Identification of the work claimed to have been infringed.
- Identification of the 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.
- Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number, and email address.
- A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
- A physical or electronic signature of the copyright owner, other owner, or a person authorized to act on their behalf.
Upon receipt of a takedown notice, we may publish the takedown notice to the general public or provide a copy of the takedown notice to the user that uploaded or provided the Content accused of being infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (called a “counter-notice”) demanding that the Accused Content be restored to the Services. In compliance with the DMCA or other applicable laws, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Services. In either case, DEC shall bear no liability to you or anyone else for the posting, removal, or re-posting of any Accused Content. Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, DEC will also terminate a registered user’s account if we determine the registered user as a repeat infringer. Our designated copyright agent for sending takedown notices and counter-notices is:
10. Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THOSE OF OUR PARTNERS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY DEC, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR BENEFIT OR SUCCESS TO USERS.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE DEC SITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND ANY OTHER REASON.
You may terminate your agreement with us anytime by contacting us at [email protected]
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend, or block the access of any user who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature, or capability of the Services to generate, support, or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of DEC and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
You agree to defend, indemnify and hold DEC and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by DEC in the defense of any claim. DECreserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim against DEC and its affiliates without the prior written consent of DEC, which consent DEC may refuse in its sole discretion.
13. Limitation of Liability
SOME REGIONS, COUNTRIES, AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. FOR EXAMPLE, THE STATE OF NEW JERSEY DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS.
TO THE EXTENT PERMITTED BY LAW, NEITHER DEC NOR ANY OF DEC AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID TO DOTTERER EDUCATIONAL CONSULTING DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER DOTTERER EDUCATIONAL CONSULTING NOR ANY OF THE DEC AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
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.
15. Waiver and Severability
The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
16. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the substantive and procedural law of the Commonwealth of Pennsylvania and the federal law of the United States, without regard to or application of any conflict of laws, principles, or rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You agree to indemnify and hold us harmless for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of the Services, including any breach by you of the Terms or any allegation that you have infringed the intellectual property rights or other rights of another person. This indemnity obligation shall survive any termination or expiration of these Terms or your use of the Services.
Any controversy or claim between the parties or arising out of these Terms or any Services shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. We anticipate that you may be geographically distant from our offices. Accordingly, to reduce the cost of resolving any dispute, all arbitration hearings will be conducted by video conference or audio conference. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction.
Therapy Services, LLC welcomes your questions or comments regarding the Terms:
Dotterer Educational Consulting
P.O. Box 354,
Hamburg, Pennsylvania 19526
Email Address: [email protected]
Telephone number: 4845090518
Effective as of October 10, 2023