Terms and Conditions Agreement
This Terms and Conditions Agreement (“Agreement”) is between Reeve Autism Consulting, LLC, a Florida limited liability company, doing business as The Special Educator Academy (“The Academy”) and You (“Member” or “you”) regarding a program you wish to purchase through The Academy.
This Agreement is a binding legal contract; please review it in full. By purchasing a membership to The Special Educator Academy Membership Site (the “Program”) on the website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the Program.
If you are purchasing the Program on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
As you are enrolling in a membership-style Program, with recurring monthly payments, The Academy may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.
This Agreement was last modified on January 13, 2022.
The Special Educator Academy Membership Site. As a Member of the Program, you will receive immediate access to all content currently available on the membership site, which includes:
- Video/audio course(s) with workbook/manual.
- Opportunity to receive individual feedback on course assignments.
- Monthly live (recorded) Question/Answer session.
- Monthly live (recorded) webinar session.
- Community online forum.
- Exclusive resources.
Member Duties. You understand that you hold essential information that The Academy needs to provide effective services to you, including your goals and intended outcomes for the Program, and you are responsible for communicating such information to The Academy staff. You must be willing to participate fully in the Program to achieve results. You understand that any abusive, negative, or inappropriate conduct with The Academy staff or any of the other Program members is a material breach of this Agreement.
Forum Rules. You agree to comply with the rules of the Program online forum including: you will not use the online forum to post spam, including promotions or advertisements for other products and services; you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; The Academy may moderate, edit, or delete posts at any time, at The Academy’s sole discretion; and The Academy may ban a member from the group at any time, for violating the above rules, without any refund or appeal. Any information you provide to The Academy and other members in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Program members, and will not repost or share the information provided by a fellow Program member with any third party, including on the Internet or via social media.
Payments. You agree to pay a monthly membership fee using an automatic billing system (either PayPal or Stripe, upon your selection). You agree that The Academy may charge your credit card (via Stripe) or your bank account or credit card (via PayPal) automatically each month on your renewal date until you cancel. The Academy may also offer an annual payment option; if you choose this option you also agree that The Academy may automatically renew your account annually, as above. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. The Academy will have the right to recover expenses including collection costs and reasonable attorney's fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the payment even if you choose not to utilize the Program.
Cancellation. To cancel, you must email email@example.com at least three business (3) days before your automatic renewal date (this is so the payments do not begin processing via our merchant processing system). If you cancel your account, you will continue to receive access for the current month, but you will not be charged for any future monthly payments.
First Month 30-Day Refund Policy. If you email firstname.lastname@example.org within the first 30-days of your membership that you wish to cancel your membership and wish to receive a refund, for any reason or for no reason, The Academy will cancel your membership and refund your first month’s payment. Upon cancellation and refund, you will no longer receive access to the Program. No other refunds will be granted on monthly payments. The Academy may offer annual payment options; if you cancel a membership where you have paid via annual payment, you will be refunded a pro-rata share of the months remaining (but not for past months or for current months).
Intellectual Property. The Academy owns the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement. You are licensed to use the materials only for your own individual use within your classroom or caseload, unless otherwise specified on the material itself. Some materials may specify that they are licensed for other purposes (such as for staff training); if so, you are licensed according to the terms specified on the material. You are not allowed to reproduce, share, distribute, or sell these materials beyond the scope of this license, including posting materials on the Internet or sharing materials via social media.
Continuing Education Units. You will receive a certificate of completion upon completing each course and passing the quiz or questionnaire. The certificate will include information regarding the training, the learning objectives, and Christine Reeve’s biography, to assist you in obtaining credit. However, The Academy cannot guarantee that you will receive Continuing Education Units.
Forum Content. You retain all intellectual property rights, including copyright and trademark rights, over all content you upload to the online forum. You agree to grant The Academy a non-exclusive, universe-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to use the content you upload to the online forum (including but not limited to content showing your use of The Academy teaching’s in practice, such as photography) in and around the marketing and promotion of The Academy, with attribution credit to you.
Term. This Agreement begins when you purchase a membership to the Program and shall continue until the Agreement is terminated under this section or until your membership in the Program is cancelled, whichever is first. If either party materially breaches this Agreement, the other party may terminate this Agreement upon five (5) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties. The Program is for your education and information. The Academy cannot and does not guarantee that any specific results will be obtained from the Program, because your results involve factors beyond the control of The Academy, including your experience, training, and education. The Academy disclaims any warranties as to the availability, completeness, or accuracy of the materials. The Academy disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement.
Your Warranties and Indemnification. You warrant that any materials you upload to the online forum do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify The Academy against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.
Disclosure. The Academy is not providing mental health or behavioral services or therapy through the Program, and is not giving medical advice, mental health advice, behavioral advice, or therapy to you or anyone under your care. You should seek medical advice for any medical problems, you have the responsibility to consult with a medical professional regarding any medical conditions, and you are fully responsible for vetting any information provided in this program and determining whether a process or therapy is appropriate for anyone under your care. Note: The Program does not include access to resources from TeachersPayTeachers.com.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.
No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity, except that if an institution has purchased the Program for one of its employees, that institution may assign it to another employee, upon consent of The Academy (which will not be unreasonably withheld). Sharing your login information with any other person (except as provided above) is a material breach of this Agreement.
Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida.
Arbitration. It is expressly agreed by you and The Academy that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administrated by the American Arbitration Association, in accordance with its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA). The Academy complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at email@example.com or 3433 S. Polk Avenue, Lakeland, FL 33803, (954) 684-4497 containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Any questions about the Agreement can be directed to: firstname.lastname@example.org