Privacy Policy

Last updated August 22, 2021

Thank you for choosing to be part of our community Art Behavioral Analysis LLC, the company that owns Platybase will be heren referred to as ("Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at colleen@platybase.com.


This privacy notice describes how we might use your information if you:

  • Download and use our mobile application — Platybase

  • Engage with us in other related ways ― including any sales, marketing, or events

In this privacy notice, if we refer to:

  • "App," we are referring to any application of ours that references or links to this policy, including any listed above

  • "Services," we are referring to our App, and other related services, including any sales, marketing, or events

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.


Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.


TABLE OF CONTENTS


1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. HOW LONG DO WE KEEP YOUR INFORMATION?

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

6. DO WE COLLECT INFORMATION FROM MINORS?

7. WHAT ARE YOUR PRIVACY RIGHTS?

8. CONTROLS FOR DO-NOT-TRACK FEATURES

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

10. DO WE MAKE UPDATES TO THIS NOTICE?

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

12. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?


1. WHAT INFORMATION DO WE COLLECT?


Personal information you disclose to us


In Short: We collect personal information that you provide to us.


We collect personal information that you voluntarily provide to us when you register on the App, express an interest in obtaining information about us or our products and Services, when you participate in activities on the App or otherwise when you contact us.


The personal information that we collect depends on the context of your interactions with us and the App, the choices you make and the products and features you use. The personal information we collect may include the following:


Personal Information Provided by You. We collect names; email addresses; passwords; and other similar information.


All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.


Information collected through our App


In Short: We collect information regarding your push notifications, when you use our App.


If you use our App, we also collect the following information:

  • Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.


2. HOW DO WE USE YOUR INFORMATION?


In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations including HIPAA, and/or your consent.


We use personal information collected via our App for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.


We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

  • To post testimonials. We post testimonials on our App that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at colleen@platybase.com and be sure to include your name, testimonial location, and contact information.

  • Request feedback. We may use your information to request feedback and to contact you about your use of our App.

  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders / payments made through the App.

  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.


3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?


In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.


We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.


4. HOW LONG DO WE KEEP YOUR INFORMATION?


In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.


We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.


When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.


5. HOW DO WE KEEP YOUR INFORMATION SAFE?


In Short: We aim to protect your personal information through a system of organizational and technical security measures.


We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our App is at your own risk. You should only access the App within a secure environment.


6. DO WE COLLECT INFORMATION FROM MINORS?


In Short: We do not knowingly collect data from or market to children under 18 years of age.


We do not knowingly solicit data from or market to children under 18 years of age. By using the App, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the App. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at colleen@platybase.com.


7. WHAT ARE YOUR PRIVACY RIGHTS?


In Short: You may review, change, or terminate your account at any time.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.


If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.


If you have questions or comments about your privacy rights, you may email us at colleen@platybase.com.


Account Information


If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.


Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

  • Contact us using the contact information provided.


8. CONTROLS FOR DO-NOT-TRACK FEATURES


Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.


9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?


In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.


California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.


If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).


10. DO WE MAKE UPDATES TO THIS NOTICE?


In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.


We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.


11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?


If you have questions or comments about this notice, you may email us at colleen@platybase.com or by post to:


Art Behavioral Analysis

104 Main Street

Unit 975

Blue Hill , ME 04614

United States


12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?


Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.

User Terms and Conditions

Effective: September 13, 2021

Art Behavioral Analysis LLC (“Art Behavioral,” “we,” “us,” or “our”) operates this website and related websites, including any subdomains thereof, or any related smartphone, mobile or other applications (collectively, the “Site”) to provide and make available certain information and services (collectively, the “Services”). 


YOUR USE OF THE SITE AND OUR SERVICES IS GOVERNED BY THESE TERMS AND CONDITIONS OF USE (THE “TERMS”), AND BY USING THE SITE OR OUR SERVICES YOU ARE AGREEING TO BE BOUND BY THESE TERMS. BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS AND YOU FULLY ACCEPT THESE TERMS AND CONDITIONS OF USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE AND OUR SERVICES. THESE TERMS SHALL APPLY TO YOU, AS WELL AS YOUR AGENTS, EMPLOYEES, ASSIGNS AND SUBCONTRACTORS.


YOU MAY NOT USE THE SITE OR OUR SERVICES UNLESS YOU ARE 18 YEARS OF AGE OR OLDER.


YOU MAY NOT USE THE SITE IF YOUR USE IS PROHIBITED BY LAW IN YOUR JURISDICTION(S).


SINCE ONE OF OUR SERVICES IS TO ENABLE COORDINATION AND COMMUNICATION WITH A HEALTHCARE PROVIDER, IT IS IMPORTANT FOR YOU TO UNDERSTAND THAT THIS SERVICE IS NOT A SUBSTITUTE FOR MEDICAL CARE OR TREATMENT AND DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER. DECISIONS REGARDING THE HEALTH CARE, MEDICATION AND TREATMENT FOR YOU OR YOUR CHILD SHOULD BE BASED ON THE ADVICE OF A PHYSICIAN AND OTHER MEDICAL PROVIDERS, NOT THE INFORMATION ON OUR SITE OR OUR SERVICES. WE DO NOT PROVIDE MEDICAL SERVICES OR CARE. DO NOT USE THE SITE OR OUR SERVICES IN CASE OF EMERGENCY. IF YOU NEED OR SUSPECT THAT YOU NEED IMMEDIATE OR PROMPT MEDICAL ASSISTANCE, CALL 911 IMMEDIATELY. WE ARE NOT A HEALTH CARE PROVIDER AND CANNOT PROVIDE ASSISTANCE IN THE CASE OF AN EMERGENCY. 


THE SITE.  The Site is an online information sharing and educational tool that also facilitates certain coordination and communication with healthcare providers. The Site relies on certain proprietary systems, software, and confidential information. We reserve complete and sole discretion with respect to the operation of the Site. You agree to use the Site “as is” and without any warranties.  We may, among other things, and without your approval, and without liability, withdraw, revise, suspend or discontinue any functionality or part of the Site or any other service available to you under these Terms or your Agreement.  As we further develop the Site, we may decide to add to, change, reduce or eliminate functions or parts of the Site and/or our Services.  In such event, your access to the Site and the information on the Site may be limited or unavailable on a temporary or permanent basis.


No rights are granted to you with respect to the Site and the associated system, software, or data, except as explicitly set forth in these Terms.  We are not responsible for transmission errors or corruption or compromise of information for any reason.  You acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and for paying all charges related thereto.  We do not operate or control the Internet or your connection, so we cannot and do not warrant, make any representations concerning or guarantee that the Site will be error or virus free, invulnerable to hackers or other unauthorized users, or always available. We are not responsible for maintaining information arising from use of the Site.  Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and information posted or uploaded to the Site in accordance with our internal record retention and any other applicable policies. 


DISCLAIMERS.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK OR DAMAGES ASSOCIATED THEREWITH, INCLUDING ANY LOSS OF DATA, CONFIDENTIALITY AND VIOLATION(S) OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996. ALL INFORMATION, SITES, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE SITE AND/OR OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. ART BEHAVIORAL AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS OR MALWARE. 


AS A CONVENIENCE TO YOU, THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEB SITES OR FRAME INFORMATION FROM OTHER WEB SITES THAT ARE NOT UNDER THE CONTROL OF ART BEHAVIORAL LLC. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING BUT NOT LIMITED TO THE INFORMATION, PRODUCTS, SOFTWARE, MATERIALS, SERVICES OR CONTENT CONTAINED ON THOSE WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES THAT DO NOT BELONG TO US OR THAT ARE NOT UNDER OUR CONTROL SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES AND CONDITIONS OF USE OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT FROM THESE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF YOUR PERSONAL INFORMATION.


WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ART BEHAVIORAL DOES NOT WARRANT THAT: (A) THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SITE OR OUR SERVICES WILL BE SECURE AND FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT PROVIDED THROUGH THE SITE AND OUR SERVICES WILL BE CURRENT OR ACCURATE; OR (E) THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SITE WILL BE AVAILABLE TO YOU OR WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.


PROPRIETARY RIGHTS.  The Site and the Services are the proprietary property of Art Behavioral and/or its third-party licensors. The Site contains or references trademarks, copyrights, patents, logos, or other proprietary rights of Art Behavioral Analysis LLC, including, but not limited to, the trademark, “ART BEHAVIORAL” (collectively, our “Intellectual Property”). As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artwork, logos, videos, audios, directories, listings, databases, and other content included or input into the Site or provided to us in connection with the Site and our Services. You also acknowledge that the Content is and shall remain our property or the property of our licensors.  The Content and Intellectual Property on the Site are the exclusive property of Art Behavioral Analysis LLC. Removing or altering any copyright or other legal notice included with the Content on the Site is prohibited. Art Behavioral also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, and arrangements of the Site’s content. 


Images, photos, graphics, artwork, logos, videos, audios, directories, listings, databases, and other Content displayed on the Site are either the property of, or used with permission by, Art Behavioral.  The use of this Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or explicitly by us in a separate writing signed by an authorized officer of Art Behavioral LLC.  Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. The Site may also contain or reference the intellectual property of third parties.  Descriptions of, or references to, products, logics, graphics, artwork, services, or publications within the Site does not imply endorsement of that product, service, or publication.  We make no warranty of any kind with respect to the subject matter, quality, or suitability of any such services or products identified or described therein, or the completeness or accuracy of such Content. 


You should not construe anything on the Site as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on the Site or in connection with the Services, without our prior written permission in each instance. Any unauthorized use, reproduction or distribution of the Site, the Content or our Intellectual Property is strictly prohibited, constitutes a material breach of the Terms, and may result in civil and/or criminal penalties and, in our sole discretion, the termination of your use and access of the Site and our Services. We reserve all of our rights not granted in these Terms.


Art Behavioral utilizes video conferencing and telephone conferencing technology. This technology is intended for the individual occurrence, its use is subject to these Terms and video and telephone conferences are not permitted to be recorded in any way.


YOU AGREE TO LICENSE YOUR INFORMATION.  For any and all information, materials, images, photos, graphics, artwork, logos, videos, audios, directories, listings, databases and other content that you post to the Library, share or otherwise provide to Art Behavioral in connection with the Site or our Services, you grant Art Behavioral Analysis LLC an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise utilize such material and information in any manner, format, method or channel available to us. You acknowledge and agree that Art Behavioral Analysis LLC may sublicense these rights. However, Art Behavioral Analysis LLC will never license a user’s Personal Health Information or any image uploaded to the Platybase Gallery or shared in a group / private message. The only licensable content discussed above will be content shared to the Library (a currently unreleased feature).


YOUR LIMITED RIGHT TO ACCESS THE SITE.  Your ability to access the Site is subject to these Terms and such other applicable contract(s) between Art Behavioral and you or your organization (“Agreement”), including but not limited to a license agreement, memorandum of agreement and/or other contract.  Your right to access and use the Site is strictly subject to these Terms and the terms of such Agreement. Any payment obligations on your part shall be set forth in such Agreement. If you are using the Site on behalf of a licensee or other Agreement with us, these Terms shall supplement your Agreement. To the extent that these Terms conflict with any terms of your Agreement, the terms of the Agreement will control. 


CONDITIONS OF ACCESS TO, AND USE OF, THE SITE.  You agree to access and use the Site only for lawful purposes, and in no event will you access or try to access any portions of the Site to which you have not been granted access by us.  You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site.  Without limiting the generality of the above, by accessing the Site, you agree that you will not:

  • Use the Site in any manner that violates these Terms or any applicable federal, state or local law;

  • Access or try to access the accounts of any individual other than yourself unless you are expressly permitted to do so by law; 

  • Impersonate another, or falsify account information, or make unauthorized use of another person’s information;

  • Create links to or from our Site with or to any other web site or a portion of another web site, or to frame any content contained on the Site, without our prior written permission;

  • Submit, upload, post or transmit any communications or information that is: unlawful; threatening; harassing; abusive; obscene; sexually explicit; vulgar; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);

  • Copy, reproduce, sell, rent, distribute, lease, transfer, modify or make derivative works from the Site;

  • Remove, alter or tamper with any copyright, trademark or other proprietary rights or aspects of the Site or legal notices contained in or obtained through the Site;

  • Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Site;

  • Interfere in any way with the operation of the Site or any server, site, network, function or system associated with the Site;

  • Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, software or automated scripts) to access the Site or any server, network, site, function or system associated with the Site, regardless of the purpose;

  • Transmit or distribute any advertising, marketing, promotion or any other unsolicited materials in connection with your use of the Site; 

  • Alter, damage, or delete any content or materials on the Site; or

  • Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent.


ACCOUNT ENROLLMENT, ELIGIBILITY AND SECURITY. In order to access the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to agree to these Terms, that you are registering for the Site under your own name and will use the Site in accordance with these Terms.  You agree to fully, completely, accurately, and truthfully create an Account in connection with your use of the Site, including, but not limited to, your name, mailing address, phone number, email and password, which become your Site ID and credentials (“Credentials”).  With respect to any registration, you understand and agree that an email address that is already being used by someone else in connection with the Site is not permitted, and that you may not impersonate another person or use another person’s credentials to gain access to the Site.  Your Credentials are personal to you, as the individual user, and you are solely responsible for all activities that occur under your Credentials. You agree not to access the account on the Site from a public computer or a system with inadequate security, and you further agree to secure, keep secret and not to share your Credentials or any other information or credentials concerning access to the Site and to immediately notify us of any actual or suspected unauthorized use of your Credentials or other security concerns of which you become aware.  You understand that you are responsible for updating us as promptly as possible with changes to your personal and account information so that all records are current, complete, and accurate.  You have the obligation to notify and provide to us within five (5) days any change in information previously provided during the enrollment process. 


REVIEW OF ACCOUNT.  In order to determine your compliance with these Terms, we reserve the right, but not the obligation, to monitor your access to and the use of the Site.  We may, in our sole discretion, refuse to provide access to you in the event of any noncompliance with these Terms and/or any other actual or potential misuse of your account or the Site. We may suspend or terminate your Account and/or your access to the Site, with or without notice to you, if you do not comply with these Terms, if we are investigating a suspected violation of the Terms, or for any other reason in the interest of the Site and the data being used in connection with the Site. We shall not be liable to you or any third party for any such suspension, termination, change or discontinuance of your Account.


OUR OBLIGATION; EXCLUSIVE REMEDY.  Upon receipt of written notice, we will try to repair in a commercially reasonable way any material defect that we can validate as a reproducible material defect in the Site or our Services, as determined in our sole discretion.  You understand and agree that this is your exclusive remedy under these Terms and that we are under no obligation to take any further action in connection with your use of the Site, even if we have notice of the issue or potential harm with respect to you or any third party.


ELECTRONIC COMMUNICATIONS; NOTICE.  When you use the Site or send e-mails to us, you are communicating with Art Behavioral electronically and you consent to receive communications from us electronically.  We may communicate with you electronically by sending e-mails or by posting notices on the Site or in connection with the Services. You agree that all agreements, amendments, notices, notifications, disclosures, and other communications that Art Behavioral provides to you electronically satisfy any legal requirement that such communications be in writing.  We may provide you with notices, including those regarding changes to the Terms, by email, postings on the Site, or as permitted in any applicable Agreement. If you have any questions about the Site or the Services, you may contact us at olivia@platybase.com.  All notices that you provide to Art Behavioral, as may be required under these Terms, must be made in writing, and shall be deemed given if sent to our designed mailing address (below) by personal delivery or reputable overnight delivery service.


Art Behavioral Analysis

104 Main Street

Unit 975

Blue Hill , ME 04614

United States


RELEASE OF INFORMATION.  You represent and warrant to us that you are permitted and legally authorized to release the information to us that you enter or input into the Site or share with us in connection with your use of the Site, including but not limited to any health or treatment information or Protected Health Information, as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In connection with these Terms and your Agreement, you were asked whether your organization is a Covered Entity or Business Associate, as defined under HIPAA, such that a business associate agreement would need to be signed and put in place between us and your organization. Since your organization may have the right to access the Site under an Agreement with one of our licensees we may not know whether your organization is a Covered Entity or Business Associate, as defined by HIPAA, so it is imperative that you make sure that you accurately represent to us the status and legal authority of your organization to release the information to us that you share with us in connection with your use of the Site, including but not limited to any health or treatment information or Protected Health Information. 


The Site allows you to submit certain Content to us or to the Site (collectively, “Submissions”). You are responsible for the content of your Submissions.  By making a Submission, you represent and warrant that:

  • You own or otherwise have the right to make your Submission, including without limitation all legal authority, permission and/or rights necessary to make your Submission in compliance with these Terms;

  • Your Submission is true and accurate;

  • Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity or rights under copyright, trademark, or other intellectual property law; and

  • Your Submission and handling of Protected Health Information complies with these Terms and applicable laws, rules, and regulations, including but not limited to HIPAA.


You acknowledge and agree that we have the right, but not the obligation, to alter, remove, or refuse to post or allow to be posted any Submission.  You also may have the right to request that we remove your Submission. We take no responsibility and assume no liability for any Submission posted by you or any third party or for altering, removing, or refusing to post your Submission. Whenever possible, we strongly encourage you to limit or not to disclose any personal or identifying information in your Submissions and we are not responsible for information that you communicate in any of your Submissions.


LIMITATION OF LIABILITY.  IN NO EVENT WILL ART BEHAVIORAL OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, THAT RESULT FROM, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE SERVICES OR ANY ASSOCIATED FUNCTIONS OR INFORMATION CONTAINED IN, ACCESSED THROUGH, MADE AVAILABLE ON OR OFFERED THROUGH THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS THE DISCLAIMER OF DIRECT DAMAGES, OUR AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). 


THIS LIMITATION OF LIABILITY TO YOU IS LIMITED AS SET FORTH ABOVE, EXCEPT AND ONLY THE TO EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.


FORCE MAJEURE. WE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF THE DELAY OR INTERRUPTION OF OUR PERFORMANCES OF ANY OBLIGATIONS DUE TO ANY ACT OF GOD, ACT OF GOVERNMENTAL AUTHORITY, ACT OF PUBLIC ENEMY, WAR, SEVERE WEATHER CONDITIONS, FIRE, LABOR DIFFICULTIES OR SHORTAGES, CIVIL DISTURBANCES, INTERRUPTIONS OF POWER, SUPPLY OR COMMUNICATION OR ANY OTHER CAUSE BEYOND OUR CONTROL, INCLUDING ANY NATIONAL EMERGENCY DURING WHICH THE WORLDWIDE INTERNET IS NOT ACCESSIBLE ON A REGIONAL OR NATIONAL BASIS.  AT OUR OPTION AND SOLE DISCRETION, WE MAY AGREE TO APPROPRIATE TERMS OF ADJUSTMENT. 


TERM AND TERMINATION.

(a) You are free to stop using the Site upon the provision of written notice.  We also reserve the right to suspend or end your access to the Site at any time at our discretion and without prior notice.  For example, we reserve the right to suspend or terminate your use of the Site if you fail to comply with these Terms, or you use the Site in a manner that would cause us legal liability or harm, or at our sole discretion.  


(b) Upon the termination of these Terms for any reason, you shall promptly cease all use of the Site and any Content, data, or materials not otherwise validly in your possession or that are only available to you through or as a result of your access to the Site. In addition to your obligations regarding Protected Health Information (as imposed under your organization’s business associate agreement, your Agreement or under applicable law), upon any termination or expiration of these Terms or your Agreement for any reason, you shall purge from your files or electronic systems (i) any of the components of the Site that may have been installed, saved or available to you; and (ii) any Content, data or materials that are only available to you through or as a result of your access to the Site.  


PRIVACY AND SECURITY.  In connection with your access to and use of the Site and/or our Services, you shall comply with: (i) all applicable federal, state, and local laws and regulations, including but not limited to HIPAA and other laws and regulations regarding patient and consumer confidentiality; (ii) take commercially reasonable measures to refrain from and prevent illegal use or unauthorized disclosure of protected consumer data or Protected Health Information; and (iii) report to us within five (5) days any unauthorized use or disclosure of protected consumer data or Protected Health Information relating to the Site of which you becomes aware.  You also agree that by accepting these Terms that you accept and agree to comply with the terms of the Business Associate Agreement your organization has signed, if applicable. 


By delivering access to the Site, we shall: (i) comply with HIPAA and other applicable laws and regulations regarding the confidentiality of protected consumer data or Protected Health Information; and (ii) inasmuch as it is applicable, comply with the provisions of your organization’s Business Associate Agreement. 


We take your privacy seriously. Your use of the Site now and in the future constitutes an acknowledgement of the receipt of and acceptance of the terms of our Privacy Policy, which is incorporated by reference into these Terms. Please read our Privacy Policy, which explains how we collect and handle the personal data that we collect. Note that any third-party web sites linked to the Site have their own privacy policies, which may differ from our policy. You are responsible for reviewing the privacy policies of any such third-party web sites to assess and determine whether these third-party privacy policies are acceptable to you. Subject to applicable law, Art Behavioral reserves the right to change its Privacy Policy without prior notice. You are responsible for periodically reviewing our Privacy Policy. 


NO MEDICAL TREATMENT OR ADVICE; INFORMATION TOOL ONLY.  Art Behavioral is not a licensed medical provider.  You understand and agree that we are not engaged in the practice of medicine and that the Site is an information tool only.  You acknowledge that you shall have full and sole responsibility for the interpretation and application of the information provided by the Site or in connection with the Service.  You agree and acknowledge that much of the data entered into the Site and that is made available through the Site is for informational purposes only and you agree that you will not rely on the Site in connection with your health, treatment, and well-being and that you acknowledge and agree that the Site cannot be used by you or anyone else in connection with any person’s treatment, medication and/or health care. If you are a health care provider, you cannot rely on the Site or that is made available through the Site to treat or make care or treatment decisions and/or determinations regarding patients and you agree that you must independently validate information being relied upon and exercise your own professional judgment and conduct such independent examinations, testing and information gathering as is necessary to properly treat and care for patients based on your independent medical judgment.


INTELLECTUAL PROPERTY RIGHTS.  All trademarks, service marks, design, information, text, graphics, images, pages, interfaces, links, websites, software, and other items and materials contained in or displayed on the Site and the selection and arrangements thereof, are our property or that of their respective owners. Except as expressly provided in this section, your rights to use any of the foregoing are only in the context and limited to the confines of the Site, and in all cases limited to and in accordance with these Terms. All rights are reserved by the applicable owner. Any and all trademarks, service marks and logos on the site are owned by us or by their respective owners.


YOUR INDEMNIFICATION. You agree to defend, indemnify and hold harmless, Art Behavioral, its affiliates, officers, directors, employees, agents and representatives from and against any and all claims, losses, actions, damages, demands, suits, liabilities or expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or relating to (i) your breach or violation of any of these Terms; (ii) your violation of any applicable federal, state or local, including, but not limited to, HIPAA and any other legal requirement relating to consumer and/or patient confidentiality; (iii) your use of, your ability to use, or your reliance upon, the Site, its associated functions, or Content contained in, accessed through, made available on or offered through the Site, or other products or services offered by us; and (iv) your fraud, negligence or any other culpable acts or omissions by you.


ASSIGNMENT. You may not assign, transfer, or delegate these Terms or this Agreement or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of these Terms, and any rights and duties hereunder. These Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties. Any assignment of delegation in violation of the foregoing shall be null and void.  


ENTIRE AGREEMENT. These Terms including all exhibits attached or referenced, addendums, written modifications, or updates to this agreement, all of which are expressly incorporated into and made a part of these Terms.  These Terms sets forth the final and entire agreement between the parties with respect to the subject matter hereof and cannot be changed except pursuant to a writing signed by both parties.  


FAILURE TO EXERCISE; WAIVER.  No failure by us to exercise any power, right, privilege or remedy under these Terms, and no delay on our part in exercising any power, right, privilege, or remedy under these Terms, shall operate as a waiver of such power, right, privilege, or remedy. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party, and any such waiver shall only be applicable to the specific instance referenced in such writing.  


RULE OF CONSTRUCTION.  The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of these Terms.  


SEVERABILITY.  If any part of these Terms shall be held to be void or unenforceable, such part will be treated as severable, leaving valid the remainder of these Terms notwithstanding the part of parts found to be void or voidable.  


THIRD PARTY PROTECTION. The Disclaimers, Release of Information and Your Indemnification provisions set forth above are for the benefit of us, our affiliates, and our officers, directors, employees, agents, and representatives.  Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on their own behalf. 


GOVERNING LAW.   You and Art Behavioral agree that these Terms and any claim or dispute between you and us relating to these Terms, the Site and our Services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. 


DISPUTE RESOLUTION.  Any controversy, dispute, allegation, breach, or claim arising out of or relating to the Site, our Services and these Terms of Use shall be settled by binding arbitration administered by a single neutral arbitrator selected from the American Arbitration Association’s National Roster of Arbitrators who must be mutually agreed upon by the parties. Such arbitration shall be conducted in Hancock County, Maine and in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  An award of arbitration may be confirmed in a court of competent jurisdiction. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms, such action may proceed without first resorting to arbitration.  In such event, you agree that any such court action seeking injunctive relief can only be brought, heard, and resolved in the federal or state courts located in Hancock County, Maine and you agree that the exclusive jurisdiction for any such claims for injunctive relief shall be the federal or state courts of Hancock County, Maine.  In connection with any such court action seeking injunctive relief, you consent to the personal jurisdiction of the federal or state courts of Hancock County, Maine and you waive any objection that such venue is inconvenient or improper. 


DMCA NOTICE AND TAKEDOWN POLICY AND PROCEDURE. We have established this Policy and Procedure in compliance with the Digital Millennium Copyright Act (“DMCA”).  Art Behavioral respects the intellectual property rights of others and expects users of the Site to do so as well. In accordance with the provisions of the DMCA applicable to Internet service providers (17 U.S.C. Section 512), we have adopted a policy of taking down material that infringes upon the copyright rights of others and terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be infringing upon the copyright rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or is being infringed upon in connection with any posting or Content uploaded to the Site, please provide us with the following information in writing to the designated Copyright Agent listed below: 


  1. Identification (or description) of the copyrighted work or works that you claim have been infringed (or a representative list of such works);

  2. Identification (or description) of where the material that you claim is infringing upon your work can be found on the Site;

  3. Contact information for the copyright holder or its agent;

  4. A statement that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent or the law;

  5. A statement by you under penalty of perjury that the above information in your notice is accurate and that you are the owner of the copyrighted work, that you are authorized to act on behalf of the owner of the copyrighted work, or that you are the owner of one of the exclusive rights under copyright law that is allegedly infringed; and

  6. A physical or electronic signature of the copyright holder or its agent.


Art Behavioral may request additional information before removing any allegedly infringing material.  In the event that we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that Art Behavioral removed or disabled access to these materials.  We may also provide the responsible person with your email address so that the person may respond to your allegations.


Our designated Copyright Agent is:


Olivia Bruno 


Art Behavioral reserves the right to remove any content or material posted to the Site at our sole discretion.


NO AGENCY OR SPECIAL RELATIONSHP.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us or between your organization and us as a result of the Terms or your use of the Site.


CHANGES TO TERMS.  We may modify these Terms at any time. Any changes made to the Terms will be effective immediately upon our posting of modified Terms on the Site.  By accessing or using the Site, you agree to be bound by the Terms as posted on the Site at the time of your use or access. You agree to review the posted Terms each time you access or use the Site so that you are aware of any modifications made to these Terms. 



Client Terms and Conditions

Effective: September 13, 2021

To the extent any language in your contract with Art Behavioral Analysis LLC conflicts with the language in our User Terms and Conditions, Privacy Policy and/or Purchase Agreement, the language in this Client Terms and Conditions contract holds. Art Behavioral Analysis LLC will be hereafter referred to as “Company” and Platybase, the mobile application product, will be referred to as “App”. 

To access and use our App, your company’s Platybase administrator must register you for a Platybase Center account.

Any breach or violation of any term(s) in the Privacy Policy, User Terms and Conditions and/or Client Terms and Conditions, as determined in the sole discretion of Company, will result in an immediate termination of your center’s account.

1. RESTRICTIONS AND RESPONSIBILITIES

Customer has the right to use the App starting on the first date Customer uses the Site or application until terminated in accordance with Section 5 of this Client Terms and Conditions. Customer represents, covenants, and warrants that Customer will use the Service only in compliance with all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Service.

You are responsible for all content, including photos, videos, and written content, transmitted, generated, collected or uploaded in connection with your Account. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via our Site or Services, violate these Terms of Use or the Privacy Policy. Art Behavioral Analysis LLC does not pre-screen information transmitted through our Site and it is in our sole discretion to remove or refuse any Content from the Site. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Art Behavioral Analysis LLC customer, employee, or officer will result in immediate Account termination.

Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, Service, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

2. CONFIDENTIALITY; PROPRIETARY RIGHTS

Customer shall own all right, title and interest in and to any information or other data provided to Company by Customer (the "Customer Data"). Company shall own and retain all rights, title and interest in and to (a) the Service, all improvements, enhancements or modifications thereto, (b) any service, applications, data, derivative work, listings, inventions or other technology developed in connection with implementation of the Service or support, and (c) all intellectual property rights related to any of the foregoing.

Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business, subject to all applicable laws related to such Customer Data.


The Service under this contract can be only used by employees of Customer. Customer may not share the Service, terms of their agreement, and/or login details with any other entities. This agreement requires Customer to not disclose Service pricing, functionality, or operational know-how to other organizations or without the written permission of Company. The Customer acknowledges that any actual or threatened violation of this Section 2 may cause irreparable, non-monetary injury to the Company, the extent of which may be difficult to ascertain, and therefore agrees that the Company shall be entitled to seek injunctive relief in addition to all other remedies available at law.

3. SECURING YOUR INFORMATION

We have implemented certain physical, technical, and administrative measures to help prevent unauthorized access, use and disclosure of your information, but we cannot promise that these measures will work. Individual users are responsible for maintaining the secrecy of any credentials that can be used to access any account or service with Platybase, and you should report suspected unauthorized activity to us. It is your responsibility to keep your password secure. You are responsible for activity conducted with your credentials. Art Behavioral Analysis LLC will not be liable for any loss or damages resulting from your failure to maintain the security of your clients accounts and passwords.

4. FEES

Customer will pay Company the then applicable fees described in the Annual Contract through an invoice or an automatic charge, in which case, full payment for invoices issued in any given month must be received by Company thirty days (30) days after the receipt of the invoice by Customer. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is higher, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with use by Customer of the Service other than U.S. taxes based on Company’s net income.

5. TERMINATION

Either party may terminate their use of the Site or Services upon written notice no less than 30 (thirty) days before the end date of Customer contract with Company. Customer will pay in full for the Service up to and including the last day on which the Service is provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, representations, warranties and indemnification, warranty disclaimers, and limitations of liability.

6. WARRANTY AND DISCLAIMER

Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

Company warrants, represents, and covenants to Customer that: (i) Company has the right to furnish to Customer the Service and other materials covered hereunder free of all liens, claims, encumbrances and other restrictions; and (ii) the Service does not infringe the intellectual property and/or proprietary rights of any third party. The Customer’s rights and remedies at law do not exceed the fees paid by Customer to Company for the Service provided under this Agreement in the 12 Months prior to the Act that gave rise to the liability. The total amount paid by Customer to Company in the 12 months prior to the Act will be the maximum value of Customer’s rights and remedies at law. Company will indemnify, defend and hold harmless Customer against any claims related to a breach of the representations, warranties or covenants of Company.

7. LIMITATION OF LIABILITY

Notwithstanding anything to the contrary, company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this Client Terms and Conditions, the User Terms and Conditions, the Privacy Policy or the related thereto under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data, services or technology or loss of business; (b) for any indirect, exemplary, incidental, special or consequential damages; (c) for any matter beyond company’s reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by customer to company for the service under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not company has been advised of the possibility of such damages.

8. COMPLETE AGREEMENT AND SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws provisions.

9. ACCEPTANCE

These Terms of Use and our current Privacy Policy, both available here, and any contracts in place between Art Behavioral Analysis and you, govern your use of the Services. By accessing or using the Site and our services, you accept the Terms of Use and Privacy Policy without modification. If you do not agree with the Terms of Use or Privacy Policy, do not use our Site.

10. MODIFICATIONS

These Terms of Use may be amended or modified by us at any time without notice so it is important to check for updates regularly.