These Terms and Conditions (the “Terms”) are an agreement between you and Behavior Access Inc. (“Behavior Access”, “we”, “us” or “our”). They govern your use of the Behavior Access website, web application, mobile applications and related services (together, the “Services”). Please read them carefully. They affect your legal rights.
1. Acceptance of these Terms
You accept these Terms by creating an account, registering for a conference, or otherwise accessing or using the Services. If you use the Services on behalf of an organization, you confirm that you have authority to accept these Terms for that organization, and “you” includes that organization. If you do not agree to these Terms, do not use the Services.
2. What Behavior Access is
Behavior Access is a platform for conferences and continuing education in behavior analysis. Organizations that host conferences on the platform (“Organizers”) use it to publish their events, take registrations, run in-person, online or hybrid sessions, and make recordings available. People who register for or attend those events (“Attendees”) use it to register, pay, attend, and keep a record of their attendance.
Each conference is the Organizer’s event, not ours. The Organizer decides its content, speakers, schedule, prices and policies, and is responsible for delivering it. We provide the technology the conference runs on.
We work to keep the Services and the information on them complete, accurate and current, but some information may at times be inaccurate, incomplete or out of date. Features, content and specifications may change, and a feature described on the Services may not be available at all times or in all places.
3. Who can use the Services
The Services are intended for adults and are not directed to anyone under 18. By using the Services you confirm that you are at least 18 years old, that you can enter into a binding contract with us, and that you will comply with these Terms and with the laws and regulations that apply to you.
4. Your account
An account is for one person. Give accurate information when you create it and keep it up to date. Keep your password and any sign-in codes to yourself, and do not share your account with anyone else. The Services may ask for a second verification step when you sign in, such as a code sent to your email address or a code from an authenticator app.
You are responsible for activity that takes place under your account. If you discover or suspect that someone else has accessed it, tell us within 24 hours at info@behavioraccess.com. We are not liable for loss that results from your failure to follow this section.
5. Using the Services
Subject to these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and limited license to access and use the Services for their intended purpose.
You agree not to:
- use the Services for any unlawful purpose or in breach of these Terms;
- interfere with or disrupt the Services, or attempt to get around their security or access controls;
- access or try to access another person’s account or information;
- collect data from the Services by automated means, or build a third-party application that interacts with the Services, without our written permission;
- reverse engineer the Services, except where the law gives you that right regardless of this clause;
- upload malicious code, or content that is unlawful, infringing, defamatory or harassing;
- misrepresent who you are or your affiliation with any person or organization;
- record, copy, share or resell sessions, recordings, stream links or access codes beyond what your registration or purchase allows.
6. Organizers
If you host a conference on Behavior Access, a separate hosting agreement with us may also apply. Where it conflicts with these Terms, the hosting agreement prevails on that subject.
As an Organizer you are responsible for:
- your event and everything presented at it;
- the accuracy of what you publish, including prices, schedules, speaker information and any statement about continuing education credit;
- holding any provider status and provider number you rely on to offer credit;
- complying with the law toward your Attendees, including consumer, tax and data protection law;
- honoring the cancellation and refund terms you publish.
Organizers receive personal information about their Attendees in order to run the event, and must use it only for that purpose and as the law allows.
7. Registration, payments and refunds
The price of a conference, what a registration includes, and the cancellation and refund terms are shown before you pay. Unless the Services say otherwise at checkout, those terms are set by the Organizer of that conference.
Payments are handled by a third-party payment processor. We do not store your full card details. Your use of the processor’s services may be subject to its own terms. Prices may be shown with or without taxes depending on where you and the Organizer are located, and you are responsible for any taxes that apply to your purchase.
If a payment is reversed or disputed, the related registration may be canceled. If you are a consumer, you may have rights under the law of the country where you live to cancel a purchase or to receive a refund. Nothing in these Terms takes those rights away.
8. Attendance records and continuing education credit
The Services record attendance, for example when you check in to and out of a session with the code shown at the door, or when you join an online session. Organizers use those records to decide whether to issue continuing education credit and certificates.
Behavior Access is not a continuing education provider. We do not issue, approve or guarantee credit. Credit and certificates are issued by the Organizer or provider named on the certificate, under its own provider number. Whether a certifying board accepts that credit is decided by that board, not by us.
Record only your own attendance. Do not share check-in codes, check in for someone else, or otherwise falsify a record. Falsified records may be corrected or removed, credit may be withdrawn by whoever issued it, and your account may be suspended or closed.
9. Your content
You keep ownership of the content you upload, post or send through the Services. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, format and distribute that content as needed to operate, provide and improve the Services. For an Organizer, that includes making the Organizer’s content available to its Attendees. The license ends when the content is removed from the Services, except for copies we must keep by law or in routine backups, and records that other people rely on, such as certificates already issued.
You are responsible for your content and confirm that you have the rights needed to share it. We may remove content that breaches these Terms or the law.
10. Our content and intellectual property
The Services, and the text, graphics, photos, software, trademarks, service marks and logos we provide through them, are owned by or licensed to Behavior Access. You may not copy, modify, distribute, sell or otherwise use them except as these Terms allow. Content from Organizers, other users and third parties belongs to its respective owners. We reserve all rights not expressly granted to you.
11. Copyright complaints
We respect intellectual property rights and do not allow the Services to be used to infringe them. If you believe that material on the Services infringes your copyright, send a notice to the address below that includes:
- a description of the copyrighted work you believe has been infringed and, where possible, a copy or the location of an authorized version;
- a description of the material you believe is infringing and where it is on the Services, such as its URL;
- your name, address, telephone number and email address;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act for the owner;
- your physical or electronic signature.
In the United States this is our process under the Digital Millennium Copyright Act. In appropriate circumstances we close the accounts of users who infringe repeatedly.
Behavior Access Inc.Attn: Legal
1621 Central Ave.
Cheyenne, WY 82001
info@behavioraccess.com
12. Third-party services and links
The Services may link to or rely on websites and services that we do not operate, such as video meeting tools, payment processors and Organizers’ own sites. We provide those links for convenience and they are not an endorsement. We are not responsible for the content, availability, security or practices of third parties. Your use of a third-party service is governed by that third party’s own terms and privacy policy, and questions or complaints about it should go to that third party.
13. Privacy
Your privacy matters to us. Our Privacy Policy explains what personal information we collect, how we use it and the choices you have.
14. Suspension and termination
You may close your account at any time by writing to info@behavioraccess.com. We may suspend or end your access to all or part of the Services if you breach these Terms, if your use creates risk for us or for others, or if the law requires it. Where it is reasonable to do so, we will tell you first.
When an account is closed you must stop using it. Some information may be kept where the law requires it or where other people rely on it, as our Privacy Policy explains. The sections of these Terms that by their nature should continue will survive termination, including sections 5, 9, 10 and 16 to 21.
15. Changes
We may change or discontinue any part of the Services. We may also update these Terms. When we do, we will post the new version here and change the effective date. If a change is material, we will give you reasonable notice, for example by email or by a notice in the Services. If you keep using the Services after the new Terms take effect, you accept them. If you do not agree, stop using the Services and close your account.
16. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND EVERYTHING MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE TAKE NO RESPONSIBILITY FOR CONTENT PROVIDED BY ORGANIZERS, OTHER USERS OR THIRD PARTIES, OR FOR THE CONFERENCES THAT ORGANIZERS RUN.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEHAVIOR ACCESS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
Some laws do not allow certain warranties to be excluded or certain liability to be limited. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you, and sections 16 and 17 apply to you only to the extent that law permits.
18. Indemnity
To the extent the law allows, you agree to indemnify and hold harmless Behavior Access and its affiliates, officers, directors, employees and agents from any claim, damages, liability and expense (including reasonable attorneys’ fees) arising out of your content, your breach of these Terms, your negligence or misconduct, or a claim that your use of the Services infringes someone else’s rights. We may take over the defense of any such claim, which does not release you from this obligation.
19. Unlawful activity and lawful requests
We may investigate complaints and suspected breaches of these Terms and take the action we consider appropriate, including reporting suspected unlawful activity to the authorities. We may disclose information when we receive an enforceable court order, subpoena or other lawful request from a public authority, or where the law otherwise requires it.
20. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. The state and federal courts located in Laramie County, Wyoming, have exclusive jurisdiction over any dispute arising out of these Terms or the Services, except as stated in the next paragraph.
If you are a consumer, this section does not deprive you of the protection of the mandatory laws of the country where you live, and you may be entitled to bring proceedings in your local courts. Before starting formal proceedings, please contact us so that we can try to resolve the matter with you directly.
21. General terms
These Terms, together with the documents they refer to, are the entire agreement between you and us about the Services. If any part of these Terms is found to be unenforceable, that part will be severed and the rest will remain in effect. If we do not enforce a provision, that is not a waiver of it. You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours to an affiliate or to a successor to our business. These Terms are written in English. If we provide a translation, the English version prevails to the extent the law allows.
22. Contact us
If you have questions about these Terms, contact us at:
Behavior Access Inc.Attn: Legal
1621 Central Ave.
Cheyenne, WY 82001
info@behavioraccess.com
