The following Terms of Use are entered into by and between You and Streamlined Solutions LLC dba Gap Assistant (“Company”, “we”, or “us”).
Product
The Company agrees to provide you with access to the digital product entitled, “Gap Exception Patient Guide” (“Product”). As a condition of purchasing and using the Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Product. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Fees
In consideration of Your access to the Product, you agree to make a single payment of $19.99, which shall be due and payable before you will be granted access to the Product.
Refund Policy
Due to the digital nature of this product, all sales are final. Once the Product has been purchased by you, you accept the Product “as is” and waive any rights to cancellation or refund due to the electronic nature of our products. No refunds, exchanges, or substitutions will be made. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payment made by you for the Product is final and may not be charged back. We reserve the right to alter any of our prices from time to time.
The Product
The product is delivered in PDF format. You need to have a compatible program to use these documents. Refunds will not be given in the case that someone who purchases the product does not have a compatible program.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained in the Product is for educational and informational purposes only. The information contained in the Product is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided in the Product is accurate and provides valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions in the Product or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Product, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Product.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Product or not. The Company provides educational and informational resources that are intended to help users of this Product succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable license to access and use the Product strictly in accordance with these Terms of Use. The Product is licensed to the purchaser for individual use only and in the context of his or her practice and use with clients.
The Company understands that each therapist will use the Product in a way that suits their practice and client needs. You agree not to post the Product on your website, social media or anywhere the public can copy and paste them for their own use. If you wish to post to your website the page should remain hidden to the public, but can be accessed by a link you send specifically to your clients.
All content included as part of the Product is the property of the Company and is protected by copyright and other laws that protect intellectual property and proprietary rights. Your purchase of the Product does not result in a transfer of any intellectual property to You, and, as a condition of purchase and use of the Product, You agree to observe and abide by all copyright and other intellectual property protection.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product.
The Company content is not for resale. Your use of the Product does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
As a condition of your use of the Product, you warrant to the Company that you will not use the Product for any purpose that is unlawful or prohibited by these Terms.
No Warranties
The Company makes no warranties regarding the performance or operation of the Product. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, Products, products, books, or services included in or through the Product. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product.
The information, software, products, and service included or available through the Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Product. The Company and/or its suppliers may make improvements and/or changes in the Product at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Product, with the delay or inability to use the Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Product or any portion of it, your sole and exclusive remedy is to discontinue using the Product.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Product.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Overland Park, KS. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Product and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Product, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Product. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date
This Agreement shall commence and be enforceable with respect to each Product participant upon the date that the participant purchases the Product