Terms and Conditions

ACCEPTANCE OF TERMS AND PRIVACY POLICY

This website (“Website”), the Handwriting Heroes program and the Abilipad application, as well as any related services (collectively, the “Apps”), are the property of AppyTherapy LLC.  By using the Website or the Apps, you agree to these Terms of Use.  If you do not agree to these Terms of Use, do not use the Website or the Apps.

You agree that AppyTherapy has the right to change, modify, or remove these Terms of Use at any time and for any reason.  Your continued use of the Website or the Apps following any changes to these Terms of Use constitutes your acceptance of such changes.  Any new features that augment or enhance the Website or the Apps will be subject to these Terms of Use.

You agree that AppyTherapy has the right to modify or temporarily or permanently discontinue the Website or the Apps at any time and for any reason.

CONDUCT

Your use of the Website and the Apps is subject to all applicable laws and regulations, and you are solely responsible for your conduct in the use of the Website and the Apps.  By using the Website and the Apps, you agree that you will not post, upload, or otherwise transmit anything to the Website or the Apps that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, false, or misleading; violates anyone’s privacy; or otherwise violates our rules or policies;
  2. Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any party; or
  3. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of AppyTherapy or any third party.

We have the right to remove anything you post, upload, or otherwise transmit to the Website or the Apps that, in our judgment, does not comply with these Terms of Use.

USER CONTENT

By posting, uploading, or otherwise transmitting any user created content (“User Content”) to the Apps, you grant AppyTherapy a non-exclusive, royalty-free, perpetual, worldwide, and irrevocable license to reproduce, distribute, perform, display, and otherwise use such User Content, in whole or in part, to prepare derivate works based on such content, including translations, and to otherwise modify or adapt such content.

By posting User Content to the Apps, you warrant and represent that you either own, control, or have the right to use such content, including any part of such content.  This includes, without limitation, all rights necessary for you to upload, share, or otherwise distribute such content.

Minors may not supply any User Content without parental consent.

INTELLECTUAL PROPERTY

Copyrights

AppyTherapy owns all copyrights in all information, data, text, graphics, drawings, designs, artwork, photographs, videos, sounds, software, computer code, and other content associated with the Website and the Apps (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, other than User Content.  No Content or Use Consent may be copied, reproduced, republished, or otherwise used without AppyTherapy’s prior written consent.

Trademarks

AppyTherapy, Abilipad, and all other indications of the source of AppyTherapy’s products and services are trademarks of AppyTherapy (collectively, “Trademarks”).  All other trademarks appearing on the Website or the Apps are the property of their respective owners.  No Trademarks may be used without AppyTherapy’s prior written consent.

Any unauthorized use of any Content, User Content, or Trademarks may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.  Any requests to use any Content, User Content, or Trademarks should be sent to cheryl@appytherapy.com.

 INTELLECTUAL PROPERTY CLAIMS

AppyTherapy respects the intellectual property of others, and we ask that all of our users do the same.

If you believe that your copyrights or other intellectual property rights have been violated, you should provide us with a notice containing the following:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2.  An email address for us to contact the individual;
  3. A description of the copyrighted work or other intellectual property interest that you believe has been infringed;
  4. A statement that the use of the copyrighted work or other intellectual property interest is not authorized;
  5. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.

Any such notices should be sent to cheryl@appytherapy.com.

Upon receipt of such notice, we may temporarily or permanently remove the identified materials.

At its sole discretion, AppyTherapy may terminate the account of any user who infringes the intellectual property rights of others.

DISCLAIMERS

THE WEBSITE AND THE APPS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  AppyTherapy disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. AppyTherapy does not promise that the Website or the Apps will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website or the Apps will provide specific results.

AppyTherapy makes no representation as to whether the information made available through the Website or the Apps is complete, accurate, or current, and AppyTherapy undertakes no obligation to update or revise the information contained on this Website, whether as a result of new information, future events or circumstances, or otherwise.  The information on the Website and the Apps is subject to change at any time without notice.

 LIMITATIONS ON LIABILITY

AppyTherapy will not be liable to you or any third party for any claims arising from the temporary or permanent inability to access the Website or the Apps, or for any changes made to the Website or the Apps.  AppyTherapy will not be liable to you or any third party for any claims arising from your use of the Website or the Apps, including with respect to any Content or User Content, the temporary or permanent removal of any Content or User Consent, or the temporary or permanent failure to remove such content.  You assume full responsibility for your use of the Website and the Apps, and your sole remedy against AppyTherapy for any dissatisfaction with the Website and the Apps is to stop using the Website and the Apps.  In no event will AppyTherapy be liable to you for any indirect, consequential, exemplary, incidental, punitive, or others damages, including lost profits, even if AppyTherapy has been advised of the possibility of such damages, except where prohibited by law.  These limitations on liability are part of the bargain between the parties for using the Website and the Apsp.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AppyTherapy, its affiliates, and their members, partners, shareholders, directors, officers, employees, and agents from all claims, liabilities, and expenses, including attorney’s fees, arising from your misuse of the Apps, your violation of these Terms of Use, you violation of the rights of others, or any User Content you supply.

MISCELLANEOUS

You agree that these Terms of Use will be construed as a contract under the laws of the State of Maryland without regard to its conflict of law provision.  You further agree that any and all claims, causes of action, and/or disputes arising out of or relating to these Terms of Use, or the relationship between the parties, will be you and AppyTherapy, will be heard in state court in Montgomery County, Maryland or in federal court in Maryland.  You agree to waive any and all objections to the exercise of jurisdiction by such courts.  If any part of these Terms of Use are found to be invalid for any reasons, you agree that the remaining portions of the Terms of Use will remain in full force and effect.

Effective Date:  March 1, 2014