The following terms (“Terms”) constitute an agreement between Tiny Signs LLC (“Company”), and you that governs your use of this website and all of its associated products, services, content, and functionality. This policy applies to the website administered by Company (“Website”).
Throughout these terms, the collective content from the Website, Products, or other content will be referred to as “Company Content.”
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms, you must not use the Company Content.
Any additional policies or terms adopted by Company are hereby incorporated into these Terms. This includes:
On the Website, you may purchase:
- Digital products (“Courses” and “Printables”), such as video training and printable resources (collectively, the “Digital Product(s)”)
- Membership in Club Tiny Signs (“Membership”), an ongoing monthly membership program
Collectively, we will refer to the Digital Products and Membership as the “Products”. The following purchase policies will apply to your purchase.
PURCHASE & USE POLICIES FOR DIGITAL PRODUCTS
Purchase, Access, and Payments
By purchasing the Digital Products, you will receive immediate access to access the content.
Upon receipt of your payment, you will receive an email with a link to access the Digital Product. You have lifetime usage of that particular product. This means that after you download the Digital Product, you are able to use it in accordance with the license listed below.
Please note that the download links for Printables will be good for 24 hours. If you don’t download it within that time, a new link must be generated.
If you have purchased a Course, your access will continue for as long as the Course is available through our Website, which will be a minimum of one year from the time of purchase. If Company elects to discontinue the Course, you will be notified via email.
All payments will be made directly to us through the Website.
Refunds on Digital Products
Because the Digital Products are immediately available for you to download, we do not offer refunds. You agree that you have reviewed this refund policy and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy.
License to Use the Digital Products
The Digital Products have been developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from Company.
This means that you, as the purchaser, are permitted to use the content you purchased; however, you may not share the Digital Products with any third party. Additionally, you may not reproduce or resell the information to any third parties.
PROFESSIONAL LICENSE TERMS
In certain circumstances, we may offer certain Digital Products with the option to obtain a professional license, which grants the license older additional permissions to use the applicable Digital Products. multiple licenses or the Products we offer for sale. If not otherwise selected or stated, you will receive an individual license to use the Products. Details are listed above in our purchase policies.
Professional use licenses (“Professional Licenses”) are intended for use by individuals who want to incorporate certain Digital Products into their work with clients or patients. It is not intended for large-scale distribution or classroom use.
If you have selected and paid for a professional use license to a Digital Product, you will receive the following license to use the particular Digital Product that you have purchased under the Professional license (the “Professional Licensed Product”). As a Professional License holder, we grant you a non-exclusive limited license to use the Professional Licensed Product in your professional capacity.
The Professional License includes the following rights:
- Distribute individual printed copies of the Professional Licensed Product to your professional clients/patients. For example, a speech therapist or early interventionist may distribute individual copies to their patients and the family of that particular patient.
- Distribute individual email attachments of the Professional Licensed Product to your professional clients/patients. For example, you may email a copy of the Professional Licensed Product to a family with which you work for their individual use.
- Display individual copies of the Professional Licensed Product to your professional clients/patients. For example, this means that you may use the Professional Licensed Product in your office or during home visits, such as including it in a binder of materials you use during your sessions.
Under the Professional License, the following is prohibited:
- You may not modify or edit the Professional Licensed Products in any way, which includes removing any indicia of ownership or attribution to Company.
- You may not create any derivative works based on the Professional Licensed Products.
- You may not upload or display the Professional Licensed Products online in any way, such as on social media, a website, or other file-sharing software.
- You may not resell the Professional Licensed Products.
- You may not engage in any commercial transactions or use the Professional Licensed Products in any commercial activity, beyond the use outlined herein.
- You may not distribute the Professional Licensed Products as an email attachment to multiple parties.
- You may not enter any information from the Professional Licensed Products into any generative artificial intelligence tool as an input or prompt.
- You may not reshare your login to the site so that others may access the files to the Professional Licensed Products.
- You may not take any action that is not expressly permitted under the Professional License.
Plain Language Overview of Professional License
We understand that licensing language can be difficult to understand, so we are including this paragraph to explain the Professional License. This paragraph is meant solely to clarify and does not create any further rights. If you have any questions on the professional license, please contact [email protected].
The Professional License is meant for professionals who want to use certain Digital Products with their clients and/or families of those clients. For ease of understanding, we are referring to your clients, but we understand that these may also be patients or customers, depending on your role. The Professional License does not give you the right to use our Digital Products in a classroom use or any large-scale distribution.
If you purchase a Professional License, you can:
- Provide printed copies to your clients and/or their families during the course of your professional services
- Email the Professional Licensed Material as an attachment to an email to your client and/or their family. This is meant to be an email for one individual and should not be sent to mutiple parties.
- Share the Professional Licensed Materials during sessions with your clients and their family members. For example, this may be done if you have materials that you review during sessions.
These are the only rights that you receive under the Professional License. If it isn’t listed above, it is not permitted. You are strictly prohibited from any other usage that is not listed above.
Commercial Usage of Products
As stated above, commercial usage of the Digital Products is strictly prohibited unless you have received a license from Company. If you would like to use any of the Digital Products, please contact Company at [email protected] for a quote. Commercial licensing starts at $500 and requires a signed written agreement prior to any commercial use. Pricing varies based on the requested use of the Digital Products.
PURCHASE POLICIES FOR MEMBERSHIP
You may enroll in an ongoing membership in Club Tiny Signs, which is delivered electronically.
You must be 18 or older to enroll in the Membership.
Purchasing Enrollment in the Membership
To purchase the Membership, you will complete the purchase, which includes payment of a minimum of the initial time commitment (either monthly or annual), and create your Membership profile in order to access the materials. You will be billed in accordance with the program duration you selected for the Membership.
You agree to keep your billing information updated. If we are unable to charge your billing method, you will be removed from the Membership until the information has been updated.
Please note that purchase of the Membership is for one individual. Sharing logins outside of your immediate household (residing at the same address) so that multiple people may access the Membership or Membership Materials is strictly prohibited. This includes sharing for multiple family members.
Your enrollment in the Membership will automatically renew at the conclusion of your initial time commitment for another term of the same amount of time (e.g., monthly or annually). You agree that we may submit periodic charges (e.g. every month or year, depending on your Membership subscription) to your chosen payment method without further authorization from you until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we reasonably could act. By purchasing enrollment in the Membership, you agree and acknowledge that your subscription has an initial and recurring payment charge at the subscription rate and you accept responsibility for all recurring charges prior to cancellation. Your enrollment in the Membership will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your Membership. You understand that failure to cancel according to the cancellation policies below will result in the nonrefundable renewal of your Subscription.
Updates to Payment Methods
If you need to update your payment method, please login to the Membership and follow the instructions there. You may email [email protected] for further assistance, if needed.
Company reserves the right to update the prices of the Membership at any time. Company will provide you with 14 days’ email notice of any changes. If you elect to continue in the Membership after the date of the increase, you are agreeing to the updated pricing.
Cancellation of Membership
Membership may be cancelled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, you must cancel the Membership prior to the next billing date. To cancel, you may login to your Membership account and follow the cancellation procedures there or you may email [email protected] and we can process your request. You should allow two business days for processing the cancellation.
Upon cancellation, your access to the Membership and Membership Materials will end immediately.
Refunds on Membership
No refunds are available for amounts already paid.
Membership may be canceled at any time. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid. You may avoid incurring additional fees by cancelling the Membership prior to the billing date.
Company reserves the right to terminate your access to the Membership at any time for any reason. If the termination is due to a breach of the Membership Terms, no refund will be due to you. If there is no breach, Company will provide you with a pro rata refund on any fees for the billing period.
License to Use the Membership Materials
Within the Membership, we have included downloadable content and videos (the “Membership Materials”). The Membership Materials have been developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from Company.
This means that you, as the purchaser, are permitted to use the content you purchased; however, you may not share the Membership with any third party. Additionally, you may not reproduce or resell the information to any third parties.
Company will provide masterclasses (“Masterclasses”) as part of the Membership, which may feature different experts. Occasionally, you will receive written materials in connection with these Masterclasses. These written materials will be considered part of the Membership Materials and are subject to the license listed above.
Please remember that all Masterclasses are provided for informational purposes. Neither Company nor the guest facilitator can guarantee your results based on your attendance at the Training.
By attending the Masterclass, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording.
Membership Q&A Sessions
As part of the Membership, Company will occasionally host calls for all members (“Membership Q&A”). Membership Q&A may be recorded and stored for all members to access. By attending the Membership Q&A, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording.
Membership Community Policies
The Membership offers a community component (the “Membership Community”), where you may upload or contribute content. Currently, the Community is hosted on Facebook through a private Facebook group. Additionally, all Masterclasses and Membership Q&As are considered part of the Membership Community. You agree to abide by the Community rules stated in these Membership Terms whenever communicating as part of the Membership Community.
Company’s sole discretion will be used to determine if you are in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Membership Community. No refund will be due to you if you have been removed for a violation of this policy.
Code of Conduct
The following types of Community contributions will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- sexually explicit material;
- defamatory statements regarding Company or any third party;
- references to illegal acts;
- contributions that may violate the legal rights of a third party; or
- Any other content that Company deems is inappropriate.
Confidentiality in Community
All members are expected to treat any contributions to the Membership Community as Confidential. Screenshots, streaming or any photos/video disclosing information from the Membership will be considered a violation and will lead to termination.
For clarity: Members are not permitted to share any information from another Member.
If you provide us with a testimonial regarding your experience with the Company Content, you grant us the right to publish the testimonial for marketing purposes. If you provide it with your testimonial content, this includes the right for us to use your name and likeness.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
- Reproduction or duplication of any content on the Company Content for commercial purposes;
- Modification of any content in the Company Content;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Website for any third-party marketing without Company’s express written permission.
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
LINKS TO THIRD-PARTY WEBSITES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.
Company reserves the right to terminate your access to the Website and Company Content at any time, without cause, with or without notice, effective immediately. If you wish to terminate our relationship, you may simply stop using the Website. If you have purchased a Product, the terms of that Product will determine any steps you should take for termination.
The Website and all Company Content are provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website, Company Content, or the information and materials provided therein.
Company makes no warranty the Website or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Comany makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Terms will be governed and construed in accordance with the laws of the State of Massachusetts. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Middlesex County, Massachusetts. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.
All notices with respect to the Terms must be in writing and may be via email to [email protected] for Company and to your email address.
Updated: July 2023