Terms of Use

1. Introduction and Acceptance of Terms

Welcome to Elba Behavior Solutions ("Elba," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website located at elbabehaviorsolutions.com (the "Website"), including all content, functionality, and services offered on or through the Website.

By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use our Website.

Important Distinctions:

• Website vs. Clinical Services: These Terms govern only your use of our Website for informational purposes, general inquiries, and event interest submissions. They do not govern ABA therapy services, clinical treatment, or the therapeutic relationship between Elba and clients. Clinical services are provided pursuant to separate service agreements, consent forms, and applicable healthcare regulations.
• No Medical Advice Through Website: This Website is for informational and educational purposes only. It does not provide medical advice, diagnosis, treatment recommendations, or therapeutic services. Professional ABA therapy services are delivered only through formal client agreements.
• HIPAA and Clinical Information: Protected Health Information (PHI) and clinical records are governed by HIPAA and separate privacy practices specific to our clinical services, not these Website Terms.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with a new "Last Updated" date. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.

2. Description of Website and Services

Elba Behavior Solutions is an Applied Behavior Analysis (ABA) therapy provider serving children and families in the Philadelphia area. We specialize in evidence-based behavioral interventions for children with autism spectrum disorder and related developmental conditions.

Our Website provides:

• Information about our ABA therapy services and approach
• Educational resources about autism, ABA therapy, and child development
• Contact forms for service inquiries and consultation requests
• Interest forms for community events and family activities
• Newsletter subscription for updates and resources
• Information about our team, locations, and insurance acceptance
• Career opportunities for behavior analysts and therapists

The Website does not provide:

• Medical advice, diagnosis, or treatment recommendations
• ABA therapy sessions or clinical interventions
• Access to client records or treatment documentation
• Emergency or crisis intervention services
• Services that establish a therapist-client relationship without separate written agreements

Event Interest Forms: When you submit an event interest form through our Website, you are expressing interest in attending a community event or activity. This is not a registration, enrollment, or commitment. Event participation details, including any required waivers or consent forms, will be provided separately.

Information on this Website is for general informational purposes only. For specific questions about your child's needs or our services, please contact us directly for a consultation.

3. Eligibility

3.1 Age Requirement

You must be at least 18 years of age to use this Website and submit forms. By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are a parent, legal guardian, or authorized caregiver submitting information on behalf of a child, you represent that you have the legal authority to do so.

3.2 Parent and Caregiver Use

This Website is designed primarily for parents, guardians, caregivers, and professionals seeking information about ABA therapy services. While our Website may include educational content that discusses children and developmental conditions, the Website itself is intended for adult users.

3.3 Account Information

If you subscribe to our newsletter or submit forms through our Website, you are responsible for:

• Providing accurate and complete information
• Updating your information if it changes
• Notifying us if you believe your information has been compromised

4. Acceptable Use and Prohibited Conduct

4.1 Permitted Uses

You may use our Website to:

• Learn about Elba's ABA therapy services and approach
• Access educational resources about autism and behavioral therapy
• Submit inquiries about services or request a consultation
• Express interest in community events and family activities
• Subscribe to our newsletter for updates and resources
• Apply for career opportunities with Elba
• Share our content with others who may benefit

4.2 Prohibited Uses

You agree not to:

• Violate Laws: Use the Website in any manner that violates applicable federal, state, local, or international laws or regulations
• Infringe Rights: Violate or infringe the intellectual property rights, privacy rights, or other rights of Elba or third parties
• Transmit Harmful Content: Upload, post, or transmit viruses, malware, or other malicious code
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks
• Data Collection: Use automated systems (robots, scrapers, data mining tools) to access or collect data from the Website without our express written permission
• Interference: Interfere with or disrupt the Website, servers, or networks connected to the Website
• Impersonation: Impersonate Elba, our employees, or any other person or entity
• False Information: Provide false, misleading, or fraudulent information in forms or communications
• Harassment: Use the Website to harass, abuse, or harm another person, including our staff or other families
• Commercial Exploitation: Use the Website for unauthorized commercial purposes, including advertising or solicitation

4.3 Sensitive Information Warning

Please do not submit detailed medical information, diagnoses, or sensitive health information through our Website contact forms. Our Website forms are designed for general inquiries and initial contact only. Detailed health information should only be shared through secure channels established during the formal intake process for clinical services.

If you need to share sensitive information about your child, please contact us directly by phone at (267) 225-6219 to discuss secure communication options.

5. Intellectual Property Rights

5.1 Our Content

The Website and its entire contents, features, and functionality—including but not limited to all information, text, graphics, logos, images, photographs, videos, and the design, selection, and arrangement thereof—are owned by Elba Behavior Solutions, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property laws.

"Elba Behavior Solutions," our logo, and any associated branding elements are trademarks or service marks of Elba Behavior Solutions. You may not use these marks without our prior written permission.

5.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. This license does not include:

• Any right to copy, modify, distribute, sell, or lease any part of the Website
• Any right to use our content for commercial purposes
• Any right to reproduce our educational materials for distribution without permission

5.3 Permitted Uses of Content

You may:

• View and print content from the Website for your personal, non-commercial use
• Share links to Website pages with others who may benefit
• Quote brief excerpts from our content with proper attribution and a link to the original source

If you are a professional or organization interested in using our educational content, please contact us to discuss licensing arrangements.

5.4 Copyright Concerns

If you believe that content on our Website infringes your copyright, please contact us at hello@elbabehaviorsolutions.com with:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location on the Website
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in your notice is accurate

6. User Submissions

6.1 Types of Submissions

Certain areas of our Website allow you to submit information, including:

• Contact and consultation request forms
• Event interest forms
• Newsletter subscription information
• Career applications and resumes
• Feedback or questions

6.2 Your Responsibilities

By submitting content to our Website, you represent and warrant that:

• You have the right to submit the information
• The information is accurate and not misleading
• You have authority to submit information on behalf of any child or other person referenced
• The submission does not violate any third-party rights
• The submission complies with these Terms and applicable laws

6.3 How We Use Submissions

Information you submit through our Website is used as described in our Privacy Policy. Generally, we use submissions to:

• Respond to your inquiries
• Provide information about our services
• Process event interest and send event details
• Send newsletters and updates (with your consent)
• Evaluate career applications

6.4 Feedback

Any feedback, suggestions, or ideas you provide about our Website or services may be used by Elba without any obligation to compensate you. We appreciate your input and may use it to improve our services.

7. Third-Party Links and Services

7.1 External Websites

Our Website may contain links to third-party websites, including:

• Autism resources and advocacy organizations
• Insurance company websites
• Professional associations
• Educational resources
• Social media platforms

We provide these links for your convenience, but we do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites. Visiting external links means you leave our Website and are subject to the terms and privacy policies of those sites.

7.2 Third-Party Services

Our Website uses third-party services for functionality and analytics, as described in our Cookie Policy. These services are governed by their own terms and privacy policies.

7.3 Social Media

We may maintain presence on social media platforms such as Facebook, Instagram, or LinkedIn. Your interactions on those platforms are governed by the respective platform's terms and privacy policies, not these Terms.

8. Disclaimers

8.1 No Medical Advice

THE CONTENT ON THIS WEBSITE IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS, AND SHOULD NOT BE CONSIDERED, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Information about autism, ABA therapy, child development, and behavioral interventions is provided to help families understand our services and approach. This information:

• Does not replace professional medical advice or assessment
• Should not be used to diagnose or treat any condition
• May not apply to your child's specific situation
• Is not a substitute for consultation with qualified healthcare providers

Always consult with your child's pediatrician, developmental specialist, or other qualified healthcare providers regarding medical questions or concerns.

8.2 No Guarantee of Results

While ABA therapy has strong research support and many families see meaningful progress, every child is unique. Information on our Website about ABA therapy outcomes, success stories, or potential benefits:

• Reflects general research findings or individual experiences
• Does not guarantee similar results for your child
• Should not be interpreted as a promise of specific outcomes

8.3 Website Provided "As Is"

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Elba disclaims all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of Website content
• Warranties that the Website will be uninterrupted, secure, or error-free

8.4 Information Currency

We strive to keep our Website content accurate and up-to-date. However, information about ABA therapy, autism research, insurance coverage, and healthcare regulations changes frequently. We do not guarantee that all information on the Website reflects the most current developments.

9. Limitation of Liability

9.1 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELBA BEHAVIOR SOLUTIONS, ITS OWNERS, EMPLOYEES, THERAPISTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

• Your access to or use of (or inability to access or use) the Website
• Any content, information, or materials on the Website
• Any reliance on information provided on the Website
• Any actions taken (or not taken) based on Website content
• Any third-party websites or services linked from our Website
• Any unauthorized access to or alteration of your transmissions or data

9.2 Maximum Liability

In no event shall Elba's total liability to you for all damages, losses, or causes of action related to your use of the Website exceed one hundred U.S. dollars ($100.00).

9.3 Clinical Services Distinction

This limitation of liability applies only to your use of the Website. Liability related to clinical ABA therapy services is governed by separate service agreements and applicable healthcare laws, not these Website Terms.

9.4 State Law Variations

Some states do not allow the exclusion or limitation of certain damages. In such states, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Elba Behavior Solutions, its owners, employees, therapists, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Website
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or information you submit through the Website
• Your violation of any applicable law or regulation

11. Dispute Resolution and Governing Law

11.1 Informal Resolution

We want to address any concerns you have. Before filing any formal legal claim, please contact us at hello@elbabehaviorsolutions.com to attempt to resolve the matter informally. We will work in good faith to address your concerns.

11.2 Governing Law

These Terms and your use of the Website are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

11.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania. You consent to the personal jurisdiction of these courts.

11.4 Time Limitation

Any claim or cause of action arising out of or related to these Terms or your use of the Website must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.

11.5 Clinical Services Disputes

Disputes related to clinical ABA therapy services are governed by separate service agreements and may have different dispute resolution procedures. These Website Terms do not affect or limit any rights or remedies related to clinical services.

12. Termination

12.1 Termination by Elba

We reserve the right to:

• Terminate or suspend your access to the Website at any time, with or without notice
• Remove or disable access to any content on the Website
• Discontinue the Website or any features at any time

12.2 Grounds for Termination

We may terminate your access for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Conduct that harms Elba, other users, or third parties
• At our discretion for business or operational reasons

12.3 Effect of Termination

Upon termination, your right to access the Website will cease. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

12.4 Termination by You

You may stop using the Website at any time. If you wish to unsubscribe from our newsletter or have your information removed from our systems, please contact us at hello@elbabehaviorsolutions.com.

13. Changes to Terms of Use

13.1 Right to Modify

Elba reserves the right to modify these Terms at any time. We will indicate changes by updating the "Last Updated" date at the top of these Terms.

13.2 Notice of Material Changes

For significant changes that affect your rights, we will provide notice through:

• Prominent notice on the Website
• Email notification to newsletter subscribers
• Notice upon your next Website visit

13.3 Acceptance of Changes

Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, please stop using the Website.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Legal Disclaimer, constitute the entire agreement between you and Elba regarding your use of the Website. These Terms do not alter any separate agreements you may have with Elba for clinical services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. Elba may assign these Terms at any time without restriction.

14.5 Force Majeure

Elba shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, pandemics, acts of government, network failures, or other unforeseen circumstances.

14.6 Electronic Communications

By using the Website, you consent to receive electronic communications from Elba, including emails and Website notifications. You agree that electronic communications satisfy any legal requirement that communications be in writing.

14.7 Headings

Section headings in these Terms are for convenience only and have no legal effect.

15. Contact Information

If you have questions about these Terms of Use, please contact us:

Related Documents:

• Privacy Policy: elbabehaviorsolutions.com/privacy-policy/
• Cookie Policy: elbabehaviorsolutions.com/cookie-policy/
• Legal Disclaimer: elbabehaviorsolutions.com/legal-disclaimer/

16. Acknowledgment

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. If you do not agree to these Terms, please do not access or use this Website.

We encourage you to bookmark this page and review these Terms periodically.