Terms of Purchase
Open Lines Speech and Communication, P.C.
Digital Products
Terms of Purchase
Last Updated: March 14, 2024
Thank you for your purchase of this Open Lines product. As an independent speech-language pathology company, we are extremely grateful for your support!
Please review these Terms of Purchase very carefully. By purchasing our products, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products.
General Purpose
These Terms are between you (“Purchaser,” “you,” “your”) and Open Lines Speech and Communication, P.C. (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products (our “Product” or “Products”) whether through the Company’s website at https://www.openlines.com, any related domains or subdomains, or any third-party platform (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions together with our Privacy Policy and Website Terms of Use which can be found at https://www.openlines.com/privacy-policy/ ( the “Terms”):
Scope of Products
Our Products include but are not limited to: digital downloads, online courses, in-person workshops, and multimedia products.
Product Delivery
When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website. Please note that product delivery will differ based on when you make your purchase and which platform you make your purchase on. For more information, please refer to the product description on the platform where you made your purchase.
Product Disclaimer
By purchasing or otherwise utilizing the Products, you acknowledge, understand, and agree that the content included in any of the Products is only meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be liable for any damages that result from the use of the Products. Our Company does not represent nor warrant that the information provided within the Products, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the content of our Products.
By purchasing our Products, you understand that the Company cannot guarantee the outcome of services and/or recommendations within the Products and any comments about the outcome are expressions of opinion only. The Company cannot and does not make any guarantees other than to deliver information, education, and services purchased as described.
You acknowledge that the Company has not and does not make representations as to the future success or results of any kind that may be derived as a result of using the Company’s Products. Testimonials, results, or examples shown through the Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Products.
Through use of the Products, the Company may provide you with information relating to services and/or other products that the Company believes might benefit the Purchase, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.
No Warranties and No Guarantees
We are providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to any warranties or implied warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
Payment and Billing
By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.
Return Policy
Due to the nature of digital products being immediately accessible upon purchase, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.
Chargebacks
By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company and not to cancel this transaction with your bank or credit card company. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions and Discounts
We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer.
License for Use
By purchasing Products, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for your own personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only. If you have multiple team members who would need access to the Products, you must purchase an additional License for each member of your team and ensure they are aware of these Terms of Purchase.
Intellectual Property
The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. You are not permitted to alter or modify the Product.
Consent to Use
By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
Age Limitations
You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise purchasing our Products, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
Changing Terms
We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy and Protection of Personal Information
We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate Open Lines Speech and Communication, P.C. and provide our Products. Please review our Privacy Policy: https://www.openlines.com/privacy-policy/ to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.
Error in Store Presentation
We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.
Termination of Use
We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Limitation of Liability
The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages
Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Binding Arbitration
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in the State of New York. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law
These Terms and the Parties’ relationship are governed by the laws of the State of New York. In the event of conflicting laws, the laws of the State of New York will control.
Notices
We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Open Lines Speech and Communication, P.C., 252 W 76th St, Suite 1A, New York, NY 10023. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability and No Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer and Assignment
You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Force Majeure
To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only
The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement and All Rights Reserved
In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
