Terms of Service

OTier Pediatric Therapy, PLLC

1.      Acceptance of the Terms of Service

These terms of Service are entered into by and between You and OTier Pediatric Therapy, PLLC ("OTier Pediatric Therapy, PLLC," “Company”, "we," or "us"). The following terms and conditions ("Terms of Service" or “Terms”) govern your access to and use of the any content, functionality, subscription features, and services offered on or through the otierpediatrictherapy.com website ("Website"), whether as a guest or a registered user.

Please read these Terms of Service carefully before you start to use the Website. By accessing, browsing, or using the Website or any services made available through the Website (collectively, “Services”), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, available at, https://otierpediatrictherapy.com/privacy-practice, and where applicable our Patient (Parent) Agreement, all of which incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use otierpediatrictherapy.com.

These Terms of Service govern use of the Website only. They do not govern the provision of occupational therapy or other clinical services, which are provided pursuant to a separate Patient (Parent) Service Agreement, informed consent documents, and the Company’s HIPAA Notice of Privacy Practices. Nothing in these Terms is intended to modify, limit, or disclaim any obligations arising from licensed healthcare services.

Otierpediatrictherapy.com is offered and available to users who are 18 years of age or older. The Website is intended for use by parents, legal guardians, or other adults acting on behalf of minor patients; however, occupational therapy services may be provided to minors pursuant to applicable law and separate patient documentation. By using otierpediatrictherapy.com, you represent and warrant that you are of legal age to form a binding contract with OTier Pediatric Therapy, PLLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use otierpediatrictherapy.com.

2.     Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of otierpediatrictherapy.com thereafter.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access otierpediatrictherapy.com so you are aware of any changes, as they are binding on you.

3.     Electronic Communication.

By visiting otierpediatrictherapy.com, sending emails, or submitting forms through our website, you acknowledge that you are engaging in electronic communications with us. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide electronically—whether via email or through our website—satisfy any legal requirement that such communications be in writing.

4.     Accessing otierpediatrictherapy.com and Account Security

We reserve the right to withdraw or amend otierpediatrictherapy.com, and any service or material we provide on otierpediatrictherapy.com, in our sole discretion without notice. We will not be liable if for any reason all or any part of otierpediatrictherapy.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts of otierpediatrictherapy.com, or that could affect users, including registered users.

You are responsible for both: (a) Making all arrangements necessary for you to have access to otierpediatrictherapy.com; and (b) Ensuring that all persons who access otierpediatrictherapy.com through your internet connection are aware of these Terms of Service and comply with them.

To access certain features or services offered on otierpediatrictherapy.com, including subscription-based content, membership services, or client portals, you may be required to create an account (“Account"). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your account, including a strong password and limit its use to this account. You accept responsibility for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to otierpediatrictherapy.com or portions of it using your Service name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

5.     Intellectual Property Rights

Otierpediatrictherapy.com and, other than Services, all content features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the OTier Pediatric Therapy, PLLC. its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

6.     Trademarks

The Services, and all related Company names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of OTier Pediatric Therapy, PLLC. All other names, logos, product and service names, designs and slogans on otierpediatrictherapy.com are the trademarks of their respective owners.

7.     Prohibited Services

You may Use otierpediatrictherapy.com only for lawful purposes and in accordance with these Terms of Service.

You agree not to Use otierpediatrictherapy.com:

(a)   In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(b)   For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

(c)   To send, knowingly receive, upload, download, use or re-use any material which does not comply with the these Content Standards, or Terms of Service or any other guidelines or rules set by the Company.

(d)   To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

(e)   To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

(f)    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of otierpediatrictherapy.com, or which, as determined by us, may harm the Company or users of otierpediatrictherapy.com, or expose them to liability.

Additionally, you agree not to:

(g)   Use otierpediatrictherapy.com in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's Use of otierpediatrictherapy.com, including their ability to engage in real-time activities through otierpediatrictherapy.com.

(h)   Use any robot, spider or other automatic device, process or means to access otierpediatrictherapy.com for any purpose, including monitoring or copying any of the material on otierpediatrictherapy.com.

(i)    Use any manual process to monitor or copy any of the material on otierpediatrictherapy.com, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

(j)    Use any device, software or routine that interferes with the proper working of otierpediatrictherapy.com.

(k)   Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(l)    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of otierpediatrictherapy.com, the server on which otierpediatrictherapy.com is stored, or any server, computer or database connected to otierpediatrictherapy.com.

(m) Attack otierpediatrictherapy.com via a denial-of-use attack or a distributed denial-of-use attack.

(n)   Otherwise attempt to interfere with the proper working of otierpediatrictherapy.com.

8.     Monitoring and Enforcement; Termination

We have the right to:

(a)   Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Content Standards or the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of otierpediatrictherapy.com or the public or could create liability for the Company.

(b)   Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(c)   Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of otierpediatrictherapy.com.

(d)   Terminate or suspend your access to all or part of otierpediatrictherapy.com for any or no reason, including without limitation, any violation of these Terms of Service.

(e)   Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through otierpediatrictherapy.com. YOU WAIVE AND HOLD HARMLESS OTier Pediatric Therapy, PLLC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [INSERT COMPANY] DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OTier Pediatric Therapy, PLLC OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on otierpediatrictherapy.com, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9.     Content Standards

These content standards apply to any and all user contributions or services uploaded to otierpediatrictherapy.com. Such material must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, user contributions or use must not:

(a)   Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

(b)   Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(c)   Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

(d)   Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, Privacy Policy or the Patient Service Agreement.

(e)   Be likely to deceive any person.

(f)    Promote any illegal activity, or advocate, promote or assist any unlawful act.

(g)   Use annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

(h)   Impersonate any person or misrepresent your identity or affiliation with any person or organization.

(i)    Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

(j)    Give the impression that they emanate from or are endorsed by OTier Pediatric Therapy, PLLC. or any other person or entity, if this is not the case.

10.  Copyright Infringement

If you believe that any user contributions or Scrap violate your copyright, please contact us directly at hello@otiertherapy.com

11.  Reliance on Information Posted

The information presented on or through otierpediatrictherapy.com is made available solely for general educational information purposes. We do not warrant the accuracy, completeness or Use fulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to otierpediatrictherapy.com, or by anyone who may be informed of any of its contents. General information presented on the Website is not a substitute for individualized occupational therapy evaluation or treatment provided by a licensed therapist.

Otierpediatrictherapy.com may include content provided by third parties, including materials provided by other users, bloggers and third-party aggregators and/or reporting users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12.  Changes to otierpediatrictherapy.com

We may update the content on otierpediatrictherapy.com from time to time, but its content is not necessarily complete or up-to-date. Any of the material on otierpediatrictherapy.com may be out of date at any given time, and we are under no obligation to update such material.

13.  Information About You and Your Visits to Otierpediatrictherapy.com

All information we collect on otierpediatrictherapy.com is subject to our Privacy Policy. By using otierpediatrictherapy.com, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Information collected in connection with clinical services is governed by the Company’s HIPAA Notice of Privacy Practices and applicable healthcare privacy laws and is not governed solely by the Website Privacy Policy.

14.  Payment Processing, Transaction Fees

[INSERTotierpediatrictherapy.com] utilizes third party payment services to process all transactions between Company and clients. By using the [INSERT WEBSITE], you agree to be bound by the applicable payment processor’s terms and conditions and privacy policy, as well as any additional terms that may be required by the applicable payment Company. The Company is not responsible for any issues or errors related to the processing of transactions through one our third-party payment services. You understand that you are responsible for any fees associated with using a payment service and that the Company does not control or have access to any financial information provided to Stripe.

As provider of services, you understand that the Company may charges a client fee on each transaction made through otierpediatrictherapy.com. Such fee will be communicated to you via the otierpediatrictherapy.com site of in the Patient (Parent) Service Agreement. This fee will be automatically deducted from the service amount before the Company receives the payment. By engaging in Services provided on [INSERT WEBSITE], you agree to this transaction fee and understand that it is non-negotiable. The Company reserves the right to change the transaction fee at any time by providing you with prior written notice.

15.  Links from Otierpediatrictherapy.com

If otierpediatrictherapy.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to otierpediatrictherapy.com, you do so entirely at your own risk and subject to the terms and conditions of Service for such sites.

16.  Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that file (including Services) available for downloading from the internet or otierpediatrictherapy.com will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-USE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, SERVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OTIERPEDIATRICTHERAPY.COM OR ANY SERVICES OR ITEMS OBTAINED THROUGH OTIERPEDIATRICTHERAPY.COM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF OTIERPEDIATRICTHERAPY.COM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OTIERPEDIATRICTHERAPY.COM IS AT YOUR OWN RISK. OTIERPEDIATRICTHERAPY.COM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OTIERPEDIATRICTHERAPY.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OTIERPEDIATRICTHERAPY.COM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OTIERPEDIATRICTHERAPY.COM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OTIERPEDIATRICTHERAPY.COM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OTIERPEDIATRICTHERAPY.COM OR ANY SERVICES OR ITEMS OBTAINED THROUGH OTIERPEDIATRICTHERAPY.COM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT AS SET FORTH IN THE PATIENT (PARENT) SERVICE AGREEMENT OR ANY APPLICABLE SCOPE OF WORK, NEITHER COMPANY, NOR ITS ASSOCIATES, MAKES ANY OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED. THERE IS NO WARRANTY THAT SELVICES WILL RESULT IN ANY PARTICULAR OUCOME.  THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.  Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OTIERPEDIATRICTHERAPY.COM, ANY SITES LINKED TO IT, ANY CONTENT ON OTIERPEDIATRICTHERAPY.COM OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OTIERPEDIATRICTHERAPY.COM OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.  Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your Service of otierpediatrictherapy.com, including, but not limited to, your user contributions, any use of otierpediatrictherapy.com's content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from otierpediatrictherapy.com.

19.  Governing Law and Jurisdiction

All matters relating to otierpediatrictherapy.com and these Terms of Service, the Privacy Policy or the Patient Service Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Privacy Policy or the Patient (Parent) Service Agreement, or otierpediatrictherapy.com shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20.  Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of otierpediatrictherapy.com, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

21.  Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

22.  Entire Agreement

The Terms of Service, our Privacy Policy, and the Buyer and Seller Agreements constitute the sole and entire agreement between you and OTier Pediatric Therapy, PLLC. with respect to otierpediatrictherapy.com and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to otierpediatrictherapy.com.

Your Comments and Concerns

Otierpediatrictherapy.com is operated by OTier Pediatric Therapy, PLLC., 8911 N Capital of Texas Highway, Suite 4200 Austin TX 78759

All notices of copyright infringement claims should be sent to the copyright agent designated in our Privacy Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to Otierpediatrictherapy.com should be directed to: hello@otiertherapy.com