TERMS OF USE

 

THESE TERMS OF USE AND OUR PRIVACY POLICY APPLY TO YOUR USE OF THIS WEBSITE.  PLEASE READ THEM BOTH CAREFULLY BEFORE ACCESSING THE SITE.  BY ACCESSING THIS WEBSITE OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE AND AFFIRM THAT YOU HAVE HAD AN OPPORTUNITY TO READ, AND HAVE SO READ, THESE TERMS  OF USE AND OUR PRIVACY POLICY AND THAT YOU VOLUNTARILY AGREE WITH AND ASSENT TO BE LEGALLY BOUND BY BOTH, ALONG WITH ANY AND ALL CHANGES WE MAY SUBSEQUENTLY MAKE TO EITHER.

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IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CONDITIONS, NOTICES, OR POLICIES APPLICABLE TO THIS SITE, PLEASE IMMEDIATELY NAVIGATE AWAY FROM AND DO NOT USE THIS SITE.

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Site ID and Ownership

Welcome to the website located at http://expandyourscope.com/ (along with any and all web pages, subdomains, and associated web and mobile applications of this website used in association with the services provided through or associated with this website (the “Services”)) (collectively, the “Site”).  This Site is owned and operated by Expand Your S.C.O.P.E.™, a division of Griffin Speech, Chartered (“Expand Your S.C.O.P.E.™” “us” or “we”).  This Site and all pages, content, forms, materials, trademarks, and service marks (including but not limited to the “look and feel” of the Site, content, and materials) appearing on this Site belong wholly and exclusively to Expand Your S.C.O.P.E.™ or to the service providers, organizations, or other third parties providing information through the Site, and are protected by U.S. and International copyright and trademark laws and treaties. These Terms of Use constitute a legal and binding agreement between you, the user of the Site of Serivces (“You” or “you”), and Expand Your S.C.O.P.E.™. You acknowledge and affirm that your use of the Site or Services does not grant or transfer to you any intellectual property rights or licenses whatsoever in the Site, any part or portion thereof, or any intellectual property posted, displayed, or otherwise appearing on the Site.

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Must be 18

You must be at least eighteen (18) years old or have parental or legal guardian consent to use the Site or Services, and you warrant that you are either at least eighteen (18) years old and have the authority and capacity to enter into this legal contract or, if you are under the age of eighteen (18), that you have the informed consent of your parent or other legal guardian.  Parents or guardians consenting to a minor’s use of the Site or Services must contact Expand Your S.C.O.P.E.™ at info@griffinspeech.com to provide consent.  If we discover use of the Site by a child under the age of eighteen (18) without consent from a parent or legal guardian, we will close the associated user account and delete all associated data.  If you are a parent or legal guardian and need help closing such an account, please contact us at info@griffinspeech.com.

 

The Basics

This Site is intended to match certified/licensed health practitioners with real-life mentorship and shadowing opportunities in clinical settings with certified/licensed practitioners. Such opportunities have traditionally been difficult to obtain post-graduation. Expandyourscope.com was designed to benefit the entire health practitioner community by raising the general levels of individual and shared practitioner knowledge; creating better networks and communication among practitioners; increasing learning and teaching opportunities within the professions; establishing personal connections between mentors/mentees and shadowing program participants; and creating the groundwork, when necessary, for smooth transitions between practice-settings; all to the benefit of patients and practitioners, alike.  College credit may be available for program participants. Certain qualifications and additional associated fees apply.  For more information about college credit, please see “Services,” “College Credit” on the homepage.

 

How it Works

If you are a certified or licensed health practitioner, you may participate in the Services by creating a profile on this Site for an annual subscription fee. You will be asked to provide certain information in association with the creation of your profile. Your name and all other profile information WILL NOT BE PUBLIC. Rather, your profile will generally consist of information required to allow Expand Your S.C.O.P.E.™ to communicate with you and to match you with mentors/mentees or shadow program participants, as applicable. You will also be asked to provide contact information which you hereby authorize Expand Your S.C.O.P.E.™ to provide on your behalf to applicable mentor or shadow program participants to facilitate your participation in the Services. If you are a mentor, mentee, will shadow another practitioner, or will provide shadowing opportunities you must provide an email address and telephone number at which your matches may reach you. If you will provide shadowing opportunities you must additionally provide your practice address. The email and telephone contact information You provide for this purpose may, but need not, be your primary contact information, though it must be genuine contact information through which you are readily accessible to your matches. You will be asked to provide information about why you subscribe to this Site and may be asked to provide, at your discretion, comments or testimonials about your use of the Site or Services. You hereby authorize and grant to Expand Your S.C.O.P.E.™ a world-wide, non-exclusive, royalty-free, perpetual and irrevocable, sub-licensable, license to copy, reproduce, excerpt, and otherwise freely use the information you provide regarding your use of the Site or Services and reasons for subscribing, in original or edited form, publicly on the Site and in any medium anywhere for promotional, advertising, or marketing purposes. However, to protect your privacy, unless you expressly authorize otherwise, without using your name, Expand Your S.C.O.P.E.™ will use your initials only to identify that an actual user of the Site expressed such content.

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Subscription Fees

Subscription fees are subject to change at Expand Your S.C.O.P.E.’s™ sole discretion. Your fee for a subscription is as noted on the Site at the time you create or renew your subscription, as applicable.

 

Certification or Licensing Required, As Applicable

All mentor and shadowing program participants must be certified or licensed by the applicable State or National certifying or licensing body governing the applicable practice area, such as ASHA (the American Speech-Language-Hearing Association) or IDFPR (the Illinois Department of Financial and Professional Regulation). Certifications and licenses will be verified prior to matching.

 

Confidentiality

You understand and agree that through your use of the Site or Services, you may be exposed to the private, confidential, or health-related information of others, or to the private, proprietary, or other confidential information of health care professionals, businesses, or organizations, and that you have ethical and legal obligations to protect, safeguard, and keep all such information in the strictest confidence. You understand and agree that you may use any and all private, identifying, or confidential information which may be disclosed to you through the Site or Services, whether purposely or inadvertently, strictly as may be necessary for the sole purpose of participating in the Services and, as applicable, subject to your certification or license to practice your profession. If you choose to use the Site or Services, you warrant and agree that you will uphold all confidentiality obligations required of you under these Terms of Use, your license or certification to practice, and all applicable State and Federal laws, codes, rules, and regulations. You will participate in any shadowing opportunity only after reviewing and agreeing to any and all confidentiality and other privacy-related policies and obligations relevant to that opportunity, and you will uphold any and all such policies and obligations. You will protect and not disclose any contact or other information which may be disclosed to You, whether disclosed purposefully or inadvertently, and whether disclosed for the purpose of communicating with a program participant or for any other purpose.

 

No Endorsement of or Guarantee regarding Mentors or Opportunities

Expand Your S.C.O.P.E.™ does not endorse, guarantee, or warrant the services of any participant, whether mentor, mentee, or shadowing program participant, and Expand Your S.C.O.P.E.™ is not an agent, broker, dealer, representative of, or otherwise responsible for or on behalf of, any participant.  Expand Your S.C.O.P.E.™ is not responsible for the quality of any facility, equipment, participant, or learning or teaching experience relative to the Services. PLEASE BE AWARE THAT INDIVIDUAL PATIENTS/CAREGIVERS CAN REFUSE OBSERVATION OR THE PRESENCE OF PRACTITIONERS ENGAGED IN SHADOWING. Expand Your S.C.O.P.E.™ cannot guarantee program participants any hours of observation or other participation. The level of any participant’s participation in any treatment or service associated with a shadowing opportunity is at the discretion of the participant providing the opportunity, the relevant organization and facility, and the subject patient or caregiver. The fundamentals of any observation or other learning or service opportunity, and the associated requirements and responsibilities, should be negotiated between participants prior to commencement of the opportunity. Any and all paperwork, forms, and other warrants, permissions, waivers, releases, and agreements, including but not limited to HIPAA and FERPA forms and agreements and observation-related paperwork, required to be prepared or otherwise executed by or for any participant with respect to participation in the opportunity are so prepared or executed by and at the sole discretion of the participants, and Expand Your S.C.O.P.E.™ is not responsible for, does not regulate, and has no authority to require or otherwise regarding the preparation or execution of any such paperwork, forms, or agreements. Participants are strongly encouraged to review or negotiate the terms of, and to execute, any such documents and agreements prior to commencement of any such opportunity. All final decisions regarding engaging in opportunities with matches are made solely and exclusively by and between participants, and Expand Your S.C.O.P.E.™ has no authority over or responsibility regarding any such decisions. Expand Your S.C.O.P.E.™ does not take part in any medical or health care diagnoses, procedures, treatments, services, recommendations, or prescriptions whatsoever or in regulating the teaching or learning environments, materials, services, opportunities, processes, practices, or procedures of any participant. While Expand Your S.C.O.P.E.™ makes every reasonable effort to provide an excellent user experience and to match you with other qualified practitioners, Expand Your S.C.O.P.E.™ assumes no liability whatsoever for your experience as a Site user, mentor, mentee, shadow program participant, or otherwise through or as a result of your use of the Site or Services.  If you feel you have been treated unfairly by a participant, please contact that participant directly.  That said, in any such case, please also inform Expand Your S.C.O.P.E.™ of the incident to enable us to make further inquiry or investigation to ensure and uphold the honor and integrity of the Site and Services.

 

Non-Discrimination

Expandyourscope.com does not discriminate or permit discrimination by or of any participant on the basis of race, color, religion, national origin, citizenship status, sex, sexual orientation, gender identity, gender expression, pregnancy, parental status, marital status, age, disability, veteran status, genetic information, or any other classification protected by law. You understand and agree that discriminating against any individual with respect to any term, condition, or privilege of opportunity or participation; or limiting, segregating, or classifying participants in any way that would deprive or tend to deprive such individuals of opportunities because of or based on any such above described classification; is strictly prohibited.  All users and participants of expandyourscope.com must comply and act in accordance with the spirit and meaning of all United States and applicable State laws pertaining to non-discrimination with respect to participants’ relevant protected rights.

 

Timely and Professional Responsiblity

You understand and agree that in order for the expandyourscope.com program to be successful, participants must be able to trust, depend on, respect, and honor each other’s schedules, commitments, and professionalism. Thus, in using the Site or Services you will timely respond to and communicate with Expand Your S.C.O.P.E.™ and other participants; arrive on time, if not early, to appointments; and otherwise speak, act, and present professionally and with extreme courtesy at all times.

 

Your License to Use the Site; No Unlawful Use or Prohibited Activity

You have a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access this Site and Services strictly in accordance with these Terms of Use.  You understand and agree that your use of the Site or Services, in any capacity whatsoever, does not establish for you any rights or interests whatsoever in the Site or Services or in any part or portion thereof, and that, other than as specifically authorized under these Terms of Use, you have no license to copy, reproduce, or otherwise use any content, materials, information, trademarks, images, or other intellectual property of Expand Your S.C.O.P.E.™ or others on the Site. If you contribute to the Site as a “Guest Contributor,” you agree to and will comply at all times with our Guest Contributor Terms, accessible here. You agree to and will abide by, comply with, and act in accordance with the spirit and meaning of all applicable United States laws governing your use of this Site, the internet, and the World Wide Web.  You have no license or right whatsoever to, and you will not, use (or allow or assist any other(s) to use) the Site or Services for any unlawful purpose or engage (or allow or assist any other(s) to engage) in any prohibited activity on or in association with the Site or any part or portion thereof, including but not limited to attempting or actually, whether on your own behalf or on behalf or for the benefit of any third party:

• Copying, reproducing, republishing, forwarding, sharing, displaying, transmitting, posting, capturing, recording, distributing, modifying, creating derivatives of, reverse engineering, uploading, downloading, translating, renting, leasing, selling, transferring, or exploiting any content, information, comments, communications, notes, text, data, forms, pages, materials, trademarks, service marks, or any intellectual property of or appearing on the Site, except that you may of course, solely for your own personal non-commercial use, for the purpose of the Services, as a participant, copy or otherwise use contact information of any participant with which you are matched as a service of the Services;

• Damaging, disabling, overburdening, impairing, injuring, destroying, stealing, invading, infringing, threatening, abusing, interfering with, or otherwise violating the Site or Services, or any part thereof, or Expand Your S.C.O.P.E.’s™ or any other party’s privacy, rights, confidential information, or use or enjoyment of the Site;

• Hacking, password mining, harvesting, collecting, or gaining or attempting to gain access to any unauthorized services, servers, accounts, systems, networks, databases, content, information, materials, software, hardware, or electronic, telecommunications, or other equipment;

• Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas, algorithms, or trade secrets of the Site, any part of the Site, or Expand Your S.C.O.P.E.™, except to the limited extent any applicable U.S. laws specifically prohibit or limit such restrictions;

• Disrupting, damaging, limiting, preventing, restricting, or interfering with the proper functioning of the Site or of any software, hardware, or electronic, telecommunications, or other equipment;

• Impersonating any person or entity, including but not limited to Expand Your S.C.O.P.E.™ or any employee or representative of Expand Your S.C.O.P.E.™;

• Writing, contributing, publishing, posting, sharing, copying, forwarding, transmitting, displaying, using, reproducing, uploading, downloading, distributing, transferring, disseminating, injecting, or infecting into or onto the Site:

  • any inappropriate, profane, defamatory, libelous, tortious, obscene, offensive, indecent, injurious, or unlawful images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, or programs including but not limited to that which may infringe or invade others’ licenses, rights, or interests;

  • any images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, or programs that “crawl” or “spider” or contain viruses, Trojan Horses, Worms, time bombs, candlebots, or any corrupted, corrupting, harmful, or invasive effects, codes, information, instructions, sequences, data, or materials whatsoever;

  • any fraudulent, false, misleading, untruthful, or inaccurate statements or information; or

  • any unsolicited or unauthorized advertising or promotional information or materials or any junk mail, Maillist, Listserv, form of auto-responder, spam, or chain letters.

 

Right to Refuse Participation or to Expel

Expand Your S.C.O.P.E.™ may, in its sole discretion restrict, limit, reject, refuse, revoke, freeze, or terminate any user or participant’s access to the Site or Services; expel any user or participant from the Services; restrict, limit, reject, refuse, revoke, freeze, terminate, remove, or close any user or participant account; or remove or delete any content or information from the Site or Services. Expand Your S.C.O.P.E.™ would expect to refuse or expel any user, participant, or prospective participant that violates or threatens to violate these Terms of Use; the rules or conduct codes of the applicable certifying or licensing body; any educational, training, or certification program in which such user, participant, or prospective participant is engaged; or the rules or conduct codes of any mentor, shadowing opportunity provider, or associated organization or facility. Expand Your S.C.O.P.E.™ would also expect to refuse or expel any user, participant, or prospective participant that interferes with, restricts, inhibits, or threatens the Site or Services or any other user’s or participant’s use or enjoyment of the Site or Services. If applicable, refunds will be issued at Expand Your S.C.O.P.E.’s™ sole discretion.

 

Integrity of Account and Profile

If you create an account or profile on this Site, you alone are responsible for maintaining the confidentiality, verity, and integrity of the information associated with your account or profile as well as any user identification devices and passwords and for restricting access to your computer and any other devices through which you may access the Site. You understand and agree that Expand Your S.C.O.P.E.™ may in its sole discretion refuse or reject any ID or password which may be disallowed, unauthorized, or conflict with these Terms of Use.  You agree to, and do, accept full and sole responsibility for any and all activity conducted or occurring in, on, or under your account and all access and use of the Site or Services made possible through the use of your password, profile, or account, and you warrant that you have the right to use and to grant to Expand Your S.C.O.P.E.™, and you hereby do grant to Expand Your S.C.O.P.E.™, the license to use and to sublicense, as applicable, any and all information, content, materials, and intellectual property which you may add, upload, contribute, forward, share, distribute, display, transfer, publish, post, write, or input into or onto the Site, or which is automatically relayed as a result of your use of the Site or Services, and that such use will not damage, infringe, violate, or otherwise invade any third party’s rights or interests.  You agree not to, and shall not, assign or otherwise transfer your account, profile, or password to any other person, group, or entity for any purpose whatsoever, provided that shadowing opportunity providers may, if applicable, contact us at info@griffinspeech.com to assist in the smooth transition of program participation during the transfer of any participating provider’s practice, or portion thereof, to another qualified health care provider that will continue such program participation.

 

Closing an Account

You may cancel or close your profile or account at any time by contacting us at info@griffinspeech.com.  In such case, Expand Your S.C.O.P.E.™ will permanently delete all account and profile information entered or stored on the Site, such that you and Expand Your S.C.O.P.E.™ will no longer have access to any of your previously entered or stored data. If you are a shadowing program participant, please note that Expand Your S.C.O.P.E.™ has no access to, authority regarding, or ability to affect records, or lack thereof, of your matches. If important to your own records, please track your own participation in all programs, along with all relevant data.

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Electronic Communications and Written Evidences

You understand and agree that accessing the Site or Services or communicating via email with or to Expand Your S.C.O.P.E.™ constitutes electronic communication and establishes an electronic relationship between you and Expand Your S.C.O.P.E.™ for communication purposes.  You consent to receive electronic communications from Expand Your S.C.O.P.E.™, and agree that any and all agreements, notices, alerts, disclosures, updates, and other communications required or allowed to be delivered or provided to you may, at Expand Your S.C.O.P.E.’s™ discretion, be delivered or provided electronically through the Site itself, through email, or through such other forms of electronic communication which may be or become commonly used and accepted for such purposes, and that such communications constitute communications in writing and satisfy any and all legal requirements regarding communications in writing.

 

Printed versions of these Terms of Use, our Privacy Policy, and any notices, alerts, disclosures, updates, communications, or evidences (collectively, “Evidences”) of or relating to the Site or Services shall be admissible in arbitral, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and Expand Your S.C.O.P.E.™ each confirm that it is your wish that these Terms of Use, our Privacy Policy, and any and all Evidences are, have been, and will be written in the English language only.

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Public Bulletin Boards or Communication Services

This Site may feature one or more bulletin or message boards, chat areas, news groups, forums, communities, profiles, personal pages, calendars, or other pages, platforms, or facilities designed to allow you to communicate with groups or with the public at large (collectively, “Public Communication Services”).  When communicating publicly, please always use caution if or when communicating any information about yourself or your children or loved ones.  Expand Your S.C.O.P.E.™ does not control or endorse any content, materials, information, or communications appearing on Public Communication Services, and such content, materials, information, and communications do not necessarily reflect the views or opinions of Expand Your S.C.O.P.E.™ or its representatives.  Expand Your S.C.O.P.E.™ specifically disclaims any and all liability regarding such content, materials, information, or communication.  Expand Your S.C.O.P.E.™ reserves at all times the right in its sole discretion to remove, edit, or refuse to post, display, or publish any content, materials, information, or communication in whole or in part for any reason including but not limited to complying with or satisfying any applicable law, regulation, legal process, or government request.

 

Links to Third Party Sites or Services

This Site may contain links to third party websites, offerings, or services (“Linked Sites”).  Linked Sites are not controlled or operated by Expand Your S.C.O.P.E.™, and the presence of such a link does not imply any endorsement by Expand Your S.C.O.P.E.™ of the Linked Site or any association or affiliation between Expand Your S.C.O.P.E.™ and the owners or operators of a Linked Site.  Expand Your S.C.O.P.E.™ is not responsible or liable for any content or information appearing on any such Linked Site or for your experience with respect to any such Linked Site.  Expand Your S.C.O.P.E.™ does not endorse, guarantee, or warrant the products or services of any third party or its website, and Expand Your S.C.O.P.E.™ is not an agent, broker, dealer, or representative of, or otherwise responsible for or on behalf of, any such third party or website. Such links are provided for your convenience only.  You understand and agree that you connect to, access, or use any such Linked Site solely at your own risk.

 

No Agency

You understand and agree that no agency, partnership, joint venture, employment, or representative relationship exists or has been created between you and Expand Your S.C.O.P.E.™ or any third party as a result of these Terms of Use, our Privacy Policy, or your use of the Site or Services, and neither you nor Expand Your S.C.O.P.E.™ has any right or authority of any kind whatsoever to bind the other respective party.

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United States Service

This Site is operated within the United States, and all data and information submitted or inputted will be connected and transferred to, and used within, the United States.  By accessing the Site or Services, you consent to this use and transfer.  If you are using the Site or Services from outside the United States, additional laws may apply.  Please ensure your use of the Site or Services is appropriate in your jurisdiction.  If you access the Site or Services from outside the United States, you do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your use.  You may not use the Site or Services in any jurisdiction in which such use would be illegal or unlawful.

 

Disclaimer of Warranty

THIS SITE AND ALL ELEMENTS THEREOF ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Expand Your S.C.O.P.E.™ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; FUNCTIONALITY OR STABILITY; CONSISTENCY; LACK OF VIRUSES; ACCURACY OR COMPLETENESS OF INFORMATION, RESPONSES, OR RESULTS; CORRESPONDENCE TO DESCRIPTION; LACK OF NEGLIGENCE; WARRANTY, DUTY, OR CONDITION OF TITLE; QUIET ENJOYMENT; AND NON-INFRINGEMENT.  YOU ASSUME ANY AND ALL RISK WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES.  Expand Your S.C.O.P.E.™ DOES NOT WARRANT AND MAKES NO PROMISE, REPRESENTATION, OR GUARANTEE THAT THE SITE ITSELF WILL BE RELIABLE, THAT THE FUNCTIONS OF THE SITE ARE OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS, SOFTWARE, OR HARDWARE THAT MAKE THE SITE OR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT, INFORMATION, OR MATERIALS APPEARING OR CONTAINED ON THE SITE WILL BE CORRECT, ACCURATE, OR RELIABLE.

 

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Expand Your S.C.O.P.E.™ IS NOT AND SHALL NOT BE, AND NO PAST, PRESENT, OR FUTURE AGENT, REPRESENTATIVE, OFFICER, DIRECTOR, OWNER, SHAREHOLDER, PARTNER, MEMBER, MANAGER, ADVISOR, EMPLOYEE, LICENSOR, LICENSEE, HEIR, SUCCESSOR, ASSINGEE, EXPAND YOUR S.C.O.P.E.™, OR AFFILIATED ENTITY OF Expand Your S.C.O.P.E.™ (COLLECTIVELY, “AFFILIATES” AND EACH, AN “AFFILIATE”) IS OR SHALL BE, LIABLE UNDER ANY CIRCUMSTANCES OR ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, TO YOU OR ANY OTHER PERSON, GROUP, OR ENTITY FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA OR INFORMATION, LOST MATERIALS OR DOCUMENTS, COMPUTER FAILER OR MALFUNCTION, OR ANY OR ALL OTHER INTANGIBLE DAMAGES OR LOSSES, EVEN IF Expand Your S.C.O.P.E.™ OR ANY OF ITS AFFILIATES HAS OR HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE THAT Expand Your S.C.O.P.E.’S™ AND ITS AFFILIATES’ ENTIRE COLLECTIVE AND AGGREGATE LIABILITY ARISING OUT OF OR UNDER THESE TERMS OF USE OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) U.S.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 (OR, IF A RESIDENT OF ANY OTHER STATE, ANY SIMILAR SECTION OF ANY OTHER CODE OR LAW OF SUCH APPLICABLE STATE) WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Indemnification

You understand and agree that you are voluntarily choosing to use the Site and Services, and you agree that Expand Your S.C.O.P.E.™ and its Affiliates have made no promises or guarantees to you regarding your experience with respect to the Site or Services, and you agree to, and hereby do, defend, indemnify, and hold harmless, to the maximum extent allowed by applicable law, Expand Your S.C.O.P.E.™ and its Affiliates from and against any and all claims, demands, actions, proceedings, arbitrations, mediations, or investigations, or threats of any thereof (collectively, “Claims”), and from and against any and all fees, costs, losses, damages, obligations, expenses, and liabilities of any nature whatsoever, including but not limited to any and all attorneys’ fees and legal costs (collectively, “Costs”), arising out of or related to your use of, or inability to use, the Site or Services or any element thereof; your violation of these Terms of Use or any term, portion, or provision thereof; your violation or infringement of the rights or property of Expand Your S.C.O.P.E.™, any of its Affiliates, any participant, or any other third party; or your violation of any applicable law, code, rule, or regulation; and you hereby release, waive, discharge, and covenant not to sue Expand Your S.C.O.P.E.™ or any of its Affiliates for any such Claims or Costs.  Expand Your S.C.O.P.E.™ reserves the right, in its sole discretion and at its own cost, to assume and assert the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Expand Your S.C.O.P.E.™ in asserting any and all available defenses, and any such assertion shall in no way serve as any waiver whatsoever of Expand Your S.C.O.P.E.’s™ rights to its defense and indemnification by you per these Terms of Use in or under any other or subsequent circumstances.

 

Governing Law and Changes to these Terms of Use and Our Privacy Policy

These Terms of Use and any amendments to these Terms of Use are and shall be governed, to the maximum extent allowed by applicable law, exclusively by these Terms of Use and construed in accordance with Illinois law without respect to its conflict of laws rules.  Together, these Terms of Use and Expand Your S.C.O.P.E.’s™ Privacy Policy constitute the entire agreement and understanding between you and Expand Your S.C.O.P.E.™ with respect to the subject matter and any and all terms, premises, and conditions hereof and herein and supersede any and all other communications or impressions with respect to or regarding the Site or Services or your use of the Site or Services.  Expand Your S.C.O.P.E.™ may assign its rights and duties under these Terms of Use and its Privacy Policy to any party at any time without notice to you.  These Terms of Use or Expand Your S.C.O.P.E.’s™ Privacy Policy may be amended or updated at any time or from time to time, and the most current version of these Terms of Use and the Privacy Policy shall supersede any and all previous versions and shall be accessible to you at any time by clicking on the applicable links provided on the Site, and your use or continued use of the Site and Services constitutes your agreement with such Terms of Use and Privacy Policy. We encourage you to periodically review these Terms of Use and our Privacy Policy and to remain informed of any and all updates.  Again, if you continue to use the Site or Services after any amended or updated Terms of Use or Privacy Policy has been posted, your use or continued use of the Site or Services signifies your acceptance of and agreement with the Terms of Use or Privacy Policy, as the case may be, as modified.

 

Severability

If any term, portion, or provision of these Terms of Use should be held invalid or unenforceable by an acceptable arbitrator or court of competent jurisdiction, such invalidity or unenforceability will not affect any other term, portion, or provision, and the remaining terms, portions, and provisions shall continue in full force and effect as if the unenforceable term, portion, or provision did not exist.  In any such event, any invalid or unenforceable term, portion, or provision will be superseded by a valid and enforceable term, portion, or provision that most closely matches the intent of the original term, portion, or provision of these Terms of Use.

 

Waiver

The waiver of any breach of any performance under, or term, covenant, or condition of, these Terms of Use is not and will not be deemed estoppel against asserting the right to require such performance in the future or a waiver of any other term, covenant, or condition, nor of any subsequent breach of the same or any other term, covenant, or condition.  All remedies are cumulative.

 

Construction

Words and phrases used herein, including any acknowledgment hereof, shall be construed and applied flexibly as in the singular or plural number, or masculine, feminine, or gender neutral, as the context upon interpretation or application so requires, and shall not be used to strictly limit any interpretation or application.

 

Survival

All of the agreements, understandings, and obligations contained in these Terms of Use that expressly or impliedly continue after termination of these Terms of Use or your use of the Site or Services survive any such termination.

 

Dispute Resolution

In the event you feel a matter of concern exists regarding your use of the Site or Services or these Terms of Use, or any term, portion, or provision thereof, please contact Expand Your S.C.O.P.E.™ at info@griffinspeech.com.

 

At the election of Expand Your S.C.O.P.E.™, in its sole and absolute discretion, should any matter or dispute remain unresolved between you and Expand Your S.C.O.P.E.™, such matter or dispute shall be subject to final and binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, with proceedings to be conducted in Chicago, Illinois.  The subject matter before the arbitration tribunal may include claims for monetary damages and equitable and injunctive relief, and the prevailing party in any such matter or dispute shall be entitled to recover its costs and reasonable attorneys’ fees.  The decision or award of the arbitrator shall be final and binding, and judgment upon such decision or award may be entered in any competent court, expressly including any such court sitting in Cook County, Illinois.  The Federal Arbitration Act governs the interpretation and enforcement of this provision, and any such entire dispute, including scope and enforceability of this provision, shall be determined by the arbitrator.  This provision survives any termination of your use of the Site or Services or of these Terms of Use.

 

Alternatively, at Expand Your S.C.O.P.E.’s™ sole and absolute discretion, should Expand Your S.C.O.P.E.™ not elect to submit any matter or dispute to arbitration, the State and Federal courts of Cook County, Illinois shall have exclusive jurisdiction over, and shall be the exclusive forums for, any matter, dispute, claim, or cause of action, whether in law or equity, arising under or in connection to these Terms of Use or any term, portion, or provision thereof or your use of the Site or Services, and you and Expand Your S.C.O.P.E.™ hereby irrevocably consent to personal jurisdiction in such courts, waive any right to object to jurisdiction of or venue in such courts, and agree that service of process in any such circumstances may be made upon each party, respectively, by any means allowed by Illinois or U.S. Federal law.  The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees.

 

Questions

If you have any questions regarding these Terms of Use, our Privacy Policy, or your use of the Site or Services please contact us at info@griffinspeech.com.

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Date of Last Revision

May 25, 2018