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Terms & Privacy Policy

Privacy Policy and Terms of Use for The OT Mom Next Door LLC.

Last updated: October 10, 2023

Please read these Terms and Conditions of Use (“Terms”) carefully. They are legally binding and apply to your use of The OT Mom Next Door LLC (“The OT Mom Next Door”, “I”, “me”, “my”) website at www.theotmomnextdoor.com (the “Site”), The OT Mom Next Door – controlled social media pages (including, Facebook and Instagram), and the related services and products offered by The OT Mom Next Door through this Site. To make these terms easier to read, the Site, the related services offered through the Site, along with The OT Mom Next Door – controlled social media pages are collectively called the “Services”. It is your responsibility to read these Terms carefully prior to use of or access to any of my Services or purchases of any of my products.

Introduction

These Terms and Conditions of Use set forth the legally binding terms for your use of the Services and purchases of my products, including online courses or consult services (the “Products”). By using the Services and/or purchasing a Product, you agree to be bound by the Terms and our Privacy Policy. Also, you must indicate your acceptance of the Terms and Privacy Policy when you create an account on the Site and/or purchase a Product from us.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE, THAT THE TERMS INCLUDES AN ARBITRATION AGREEMENT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND THE OT MOM NEXT DOOR LLC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

The OT Mom Next Door LLC. May, in its sole discretion, modify or revise the Terms at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version, which will always be posted at theotmomnextdoor.com Your continued use of the Services constitutes your acceptance of such changes.

Eligibility

To accept the Terms, you affirm that you are either at least 18 years of age, an emancipated minor, or possesses legal parental or guardian consent, and are fully able and competent to enter into and comply with the term and conditions., obligations, affirmations, representations, and warranties set forth in these Terms. The Services are not intended to be used by anyone under 16 years of age. Minors between the ages of 16 and 18 who have not been emancipated may only use the Services with the involvement and consent of a parent or guardian.

Account Creation and Product Purchases

Account

If you access certain features of the Services, including if you purchase Products, you have the option to create an account (“Account”) on the Site. When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another account holder on the Site at any time or to disclose your password to any third party. You may never create an Account using a false identity or information, on behalf of someone other than yourself, or use another person’s account without permission. The OT Mom Next Door may refuse to open an Account for any reason, in The OT Mom Next Door’s sole discretion.

You agree to notify The OT Mom Next Door immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. The OT Mom Next Door will not be liable for your losses caused by an unauthorized use of your Account. I reserve the right to suspend, deactivate, or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, misleading, or violates our Terms. Please contact me at julie@theotmomnextdoor.com if you believe someone is violating these Terms.

These Terms shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason, by emailing julie@theotmomnextdoor.com.

The OT Mom Next Door may terminate your Account or your access to Services at any time, without warning, and in The OT Mom Next Door’s sole discretion, if you breach these Terms, or otherwise.

Online Store Terms

Orders

You agree that your order is an offer to buy all products and services listed in your order. All orders placed through the Site are subject to The OT Mom Next Door’s acceptance. This means that The OT Mom Next Door may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled by The OT Mom Next Door, we will issue you a refund.

Products

Certain Products may be available exclusively online through the Site. These Products or Services may have limited quantities. I reserve the right, but am not obligated, to limit the sales of my Products to any person. I may exercise this right on a case-by-case basis in compliance with the regulations of my occupational therapy license. I reserve the right to limit quantities of any Products that I offer. All descriptions of Products are subject to change at any time without notice, at my sole discretion. I reserve the right at any time to modify or discontinue any of my Products, any part of the Services, or the Services as a whole without notice at any time. Any offer for any Product made on the Services is void where prohibited.

Certain Products may be subject to separate terms and conditions that accompany that applicable Product offering. You are responsible for ascertaining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any Product purchased via the Site. By placing an order, you represent that Products ordered will be used only in a lawful manner.

Prices and Payment Terms

Prices posted on the Site may be different than prices offered by me or my business partners at other locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges may be added to your merchandise total and itemized in your shopping cart and in your order confirmation email.

I strive to display accurate price information, however, I may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. I reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. I shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services, in whole or in part.

I may offer from time to time Consults that adhere to a difference pricing model and that are governed by terms and conditions separate from these Terms. If there is conflict between the terms for a Consult and these Terms, the Consult terms will govern.

Payments through my Services are hosted on www.theotmomnextdoor.com. I do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processor, Square. By utilizing this payment processor to purchase Products, you indemnify me and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use. Square’s Privacy Policy can be found here: https://squareup.com/help/us/en/article/3796-privacy-and-security  

 

Refunds

I take your investment seriously. If you are not satisfied with one of our Services, please contact me at julie@theotmomnextdoor.com. No refunds will be issued for cancelled sessions that are rescheduled at time of cancellation. No refunds will be issued for "no show” appointment - cancellation WITHOUT communication to The OT Mom Next Door as outlined in the Participation and Cancellation Policy Form. In the event that the responsible parent/guardian has to reschedule / cancel three (3) consecutive times and termination of services by The OT Mom Next Door occurs, a refund of payment will be issued in the method payment was received as outlined in the Participation and Cancellation Policy Form. If information presented in a course is in appropriate or helpful for your child or your family situation, please contact julie@theotmomnextdoor.com within 7 days of purchase for a refund.

Chargebacks

Before attempting a chargeback with your financial institution, I ask that you first request a refund by contacting me at julie@theotmomnextdoor.com. In the event you attempt a chargeback with your financial institution, you agree that you will forfeit any and all refunds from The OT Mom Next Door for your original purchase. I reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.

No Selling or Reselling

You may not sell, resell, or use for any commercial purpose any of The OT Mom Next Door’s Products, obtained through the Site, Services, or otherwise.

Intellectual Property Notice

Rights and Restrictions

The OT Mom Next Door hereby grants you permission to access and use the Services as set forth in these Terms, provided that you agree not to distribute in any medium any part of the Services, without The OT Mom Next Door’s prior written authorization, and you agree not to alter, modify, copy, or reverse engineer any part of the Services. The OT Mom Next Door reserves the right to discontinue any aspect of the Services at any time.

The content on the Services, including without limitation, the text, software, scripts, graphics photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks, trade names, trade dress, and logos contained therein, including “The OT Mom Next Door”, the product names, taglines, and the logo (together the “Marks”), are owned by The OT Mom Next Door LLC. and subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The OT Mom Next Door. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted by The OT Mom Next Door herein. You also agree that the Marks may not be used, including as part of trademarks, and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The OT Mom Next Door. You agree not to circumvent, disable, or otherwise interfere with the security-related features of the Services or features that prevent or restrict use or copying of any Contend or enforce limitation on use of the Services or the Content therein.

Products

Content

In addition to the Content offered through the Services, you may purchase Products, including online courses (“Courses”) or one-on-one consulting services (“Consult”).

Limited License. Any and all materials, purchased or free, that you access through the Services, including without limitation any Courses and/or Consult, are under the sole ownership or licensed use of The OT Mom Next Door LLC.

When you purchase Products, including Courses and/or Consult, you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access the content or materials in the Products for your personal use.

If you exceed the scope of this license or otherwise violate our intellectually property as described above, I reserve the right to terminate your account and prosecute to the fullest extent allowed by law in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Ohio by opting into or purchasing any Product or accessing the Services.

To clarify, the license allows you to:

  • Access the Product Content for your personal use

  • Stream, download, and/or print Product Content for your personal use

You may NOT:

  • Resell or trade your access to the Product

  • Share the Product with anyone else who has not independently purchased it

  • Reprint, republish, record, reproduce, modify, or distribute any of the Product Content, in part or in whole

 

You further agree to not access or use for any commercial purposes any of the Services, or any Product available or obtained through the Services, other than as expressly permitted by these Terms. You also may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction.

Request for Permission to Use

Content

If you wish to request to use, publish, or access any of my Products, Content, or related materials, you may email me at Julie@theotmomnextdoor.com. You may not publish or use for a commercial purpose any Content or Products without prior written consent.

Your Material and Contributions

You acknowledge and agree that any comments, photos, videos, questions, reviews, suggestions, ideas, feedback, materials, or any other content or information provided by you to The OT Mom Next Door through the Services or otherwise or non-confidential and shall become the sole property of The OT Mom Next Door. The OT Mom Next Door shall own exclusive rights, including all intellectual property rights, and shall be entitles to the unrestricted use and dissemination of such information for any purpose, commercial, or otherwise, without acknowledgement or compensation to you.

Third-Party Intellectual

Property Infringement

If you believe that any material on or accessible via the Services infringes or misappropriates your intellectual property rights or those of a third-party, you may request removal of such material (or access thereto) by providing written notice to me at Julie@theotmomnextdoor.com. If the intellectual property right subject of your written notice is a copyright owned by you, please include the following information:

  • Your name, address, telephone number, and email address.

  • A description of the copyrighted work that you claim has been infringed and, if available, a copy of the location where an authorized version of the work may be found (e.g. a URL)

  • A description of where on the Services the material that you claim is infringing may be found or accessed, sufficient for us to locate the material (e.g. the URL)

  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Third Party Content and Services

The Services may contain links to third-party websites and/or applications that are not owned or controlled by The OT Mom Next Door. Such third party websites and/or applications are provided “AS IS” without indemnification, support, or warranty or any kind, and theses Terms do not apply to your use of any such offered third-party websites and/or applications. I encourage you to be aware when you leave the Services and to read the terms and privacy policy of each other website and/or application that you visit. Upon leaving the Services, these Terms shall no longer govern. The OT Mom Next Door has no control over, and assumes to responsibility for the content, privacy policies, or practices of any third-party websites and/or applications, including privacy and data gathering practices. In addition, The OT Mom Next Door will not and cannot censor or edit the content of any third-party website and/or application. By using the Services, you expressly relieve and release The OT Mom Next Door from any and all liability arising from your use of any third-party website and/or application.

Disclaimers and Limitation on Liability

YOUR USE OF THE OT MOM NEXT DOOR SERVICES, PRODUCTS, CONSULT, OR CONTENT IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, CONSULT, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE OT MOM NEXT DOOR NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE OT MOM NEXT DOOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABLITY OF SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE OT MOM NEXT DOOR NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE OT MOM NEXT DOOR REPRESENTED OR WARRANTS THAT THE SERVICES, PRODUCTS, CONSULT, OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER/S THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, PRODUCTS, CONSULT, OR CONTENT WILL OTHER MEET YOUR NEEDS OR EXPECTATIONS.

THE OT MOM NEXT DOOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-FRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL THE OT MOM NEXT DOOR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THEM, OR ITEMS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR THE INFORMATION, PRODUCTS, OR MATERIALS THAT YOU REQUEST OR RECEIVE THROUGH OR IN RELATION TO THE SERVICES OR PRODUCTS. FURTHER, WE ARE NOT LIABLE FOR ANY THIRD PARTY CONDUCT, ACCIDENTS, DELAYS, HARM, OR OTHER DETRIMENTAL OR NEGATIVE OUTCOMES AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES OR PRODUCTS.

This Site, Products, Content, and Services are provided for general informational and educational purposes. You understand and agree that any of the Content from this Site or Products is not does not constitute a therapist-client/patient relationship between you and The OT Mom Next Door. You also agree that the Content presented in the Site, Products, or other information you access or learn from The OT Mom Next Door is NOT are not intended, designed, or implied to be medical advice to diagnose, prevent, or treat any condition or disease, or substitute for obtaining medical advice from a physician or occupational therapist licensed in location you reside. Any Products, information, or other Content The OT Mom Next Door makes available through the Services or Site are intended to support the relationship between you and your healthcare providers and not replace it. Not all activities described on the Services are suitable for everyone. Please consult with your physician or local occupational therapist for individualized child development guidance and direct therapeutic intervention, if needed. While we may reference certain results, outcomes, or situations, you understand and acknowledge that I make no guarantee as to the accuracy of any statements, third party or otherwise, contained in the Services, or that you will benefit from or have successful outcomes based on your implementation of the information and/or techniques provided through the Services and/or Products. You understand and agree that you are solely responsible for your use of the Services. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using Services, Products, Content, and related materials.

The Limitations and disclaimers in this section do no purport to limit liability or alter your rights beyond what is permitted by applicable law. The OT Mom Next Door’s liability shall be limited to the extend permitted by law.

The OT Mom Next Door is based in the state of Ohio in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participate or user, including you.

Indemnification

You agree at all times to defend, indemnify, and hold harmless The OT Mom Next Door, as well as any of our affiliates, agents, contractors, officers, directions, shareholders, employees, transferees, assignees, and licenses, as applicable from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your use of and access to the Services of Products, or your violation of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Services.

Arbitration and Agreement; Class Waiver; Jury Waiver

If you and The OT Mom Next Door are unable to resolve a dispute or potential claim by means of good-faith negotiation, then you agree to resolve any such dispute through arbitration.

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND THE OT MOM NEXT DOOR TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and The OT Mom Next Door, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or good provided under the Terms.

Notice Requirement and Informal Dispute Resolution Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to The OT Mom Next Door should be sent to: 301 N. Breiel Blvd., Middletown, OH 45042. Attention: Legal. After the Notice is received, you and The OT Mom Next Door may attempt to resolve the claim or dispute informally. If you and The OT Mom Next Door do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extend such rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA a 1-800-778-7879. The arbitration shall be conducted a single, neutral arbitrator. Any claims or dispute where the total amount of the aware is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award is ten thousand US Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-Appearance Based Arbitration If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and The OT Mom Next Door, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law and AAA Rules.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims or injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If a litigation should arise between you and The OT Mom Next Door in any state or federal court in the suit to vacate or enforce an arbitration award or otherwise, YOU AND THE OT MOM NEXT DOOR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Severability. If any part or parts of this Arbitration Agreement are found under the law to invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitation set forth in the Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this

 

Arbitration Agreement.

Survival of Agreement. The Arbitration Agreement will survive the termination your relationship with The OT Mom Next Door.

Small Claims Court. Notwithstanding with the foregoing, either you or The OT Mom Next Door may bring an individual action in small claims court.

Equitable Relief. Notwithstanding that foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patent or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Governing Law, Venue, and Jurisdiction

To the extend the parties are permitted under these Terms to initiate litigation in court, both you and The OT Mom Next Door agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms, shall be governed in all respects by the substantive law of the state of Ohio, without regard to its conflict of law principles. You and The OT Mom Next Door hereby consent to submit to the jurisdiction of the federal and state courts sitting in the state of Ohio for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms, that are not subject to the Arbitration Agreement.

YOU AND THE OT MOM NEXT DOOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUCH COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PREMITTED BY LAW.

Entire Agreement

The Terms, Privacy Policy, and other legal notices published by The OT Mom Next Door on the Services constitute the entire agreement between you and The OT Mom Next Door relating to the Services. If any provision of these Terms is deemed invalid by a court or body of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed further or continuing waiver of such term or any other term and The OT Mom Next Door’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact

If you have any questions about any term on these Terms, please contact me at Julie@theotmomnextdoor.com

 

Privacy Policy

The OT Mom Next Door LLC. (“Company”, “I”, “me”) respects your privacy and is committed to protecting it through the Privacy Policy.

This Privacy Policy governs your access to and use of the theotmomnextdoor.com, including any content, functionality, and services offered on or through theotmomnextdoor.com (the “Website”), whether as a guest or a registered user.

When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applied to information we collect on the Website and in email, text, or other electronic message between you and the Website.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access to use the Website.

Children Under the Age of 13

This Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. I do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to use, including your name, address, telephone number, email address, or any screen name or user name you may use.

If I learn I have collected or received personal information from a child under 13 without verification or parental consent, I will delete that information. If you believe I might have any information from or about a child under 13, please contact me at Julie@theotmomnextdoor.com.

How and Why We Collection Your Information

When you access the Website, the Company will learn certain information about you during your visit. The Company collects your information in order to record and support your participation in the Products you visit. If you register your email, download a resource, purchase a course, schedule a phone consult, the Company collects your information in order to provide you the best service possible. We use this information to track your preferences and keep you informed of future products. As a visitor to the Website, you can engage with some pages without providing any personal information. It is only when you seek to connect, purchase, and join The OT Mom Next Door community that you are required to provide information.

If you are outside the European Union and opt to receive any free resources, participate in any free courses, purchase a course sold by the Company, we will automatically enroll you to receive future emails from The OT Mom Next Door. If you do not wish to receive these emails you can unsubscribe at any time. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, please send me an email at Julie@theotmomnextdoor.com requesting to unsubscribe from future emails.

If you are in the European Union and opt to receive any free resources, participate in any free courses, purchase a course sold by the Company, we will only enroll you to receive our free emails if you affirmatively consent to it. If you do not wish to receive these emails you can unsubscribe at any time. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, please send me an email at Julie@theotmomnextdoor.com requesting to unsubscribe from future emails.

Information You Provide. The Website provides various places for users to provide information. The Website collects information that users provide by filling out forms on the Website, communicating with me via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.

We use this information you provide to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

Information Collected through Automatic Date Collection Technology. As you navigate through my Website, I may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through the website, and any communications between your computer and the Website. Among other things, we will collect data about the type of computer you use, your internet connection, you IP address, your operating system, and your browser type.

The information collected automatically is used for statistical data and will not include personal information. I use this data to improve the Website and the service offerings. To the extent that you voluntarily provide personal information to the Website, my systems will associate the automatically collected information with your personal information.

Use of Cookies and Pixels

Similar to other commercial websites, my website utilizes a standard technology called “cookies” and server logs to collect information about how the site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookie it has already sent to you, no the cookies sent to you by other sites.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising message users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

Third Party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

I do not control these third parties’ tracking technologies or how they may be use. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user asks your browser to sore on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by me and called first-party cookies. I also use third-party cookies – which are cookie from a domain different than the domain of the website you are visiting – for advertising and marketing efforts. More specifically, I use cookies and other tracking technologies for the following purposes:

Targeting Cookies. These cookies may be set through the site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies I will not know when you have visited the site and will not be able to monitor its performance.

Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switch off in our systems. They are usually only set in response to actions made by you which amount to a request of services, such as setting your privacy preferences, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Email Information

If you choose to correspond with me through email, I may retain content of your email messages together with your email address and our responses. I provide the same protections for these electronic communications that I employ in the maintenance of information received online, mail, and telephone. This also applies when you register for the Website, sign up through any of my forms using your email address or make a purchase on this Site. For further information see the email policies below.

Email Policies

I am committed to keeping your email address confidential. I do no sell, rent, or lease your subscription lists to third parties and will not disclose your email address to any third parties except as allowed in the section titled “Disclosure of your Information”.

I will maintain the information you send via email in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all emails sent from my company will clearly state who the email is from and provide clear information on how to contact the send. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further email communication from us. Users who no longer wish to receive emails from The OT Mom Next Door may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

How We Use the Information You Provide

The Company uses personal information for purposes of presenting the Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering business activities, providing customer support/service, and making available other item and service to our customers and potential customers.

From time to time, the Company may use the information you provide to make you offers to purchase products and service provided by third-parties in exchange for a commission to be paid to the Company by such third party. Should you opt to take part in such promotions, the third parties will receive your information.

From time to time, the Company may use the information you provide to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

Disclosure of Your Information

As a general rule, I do not sell, rent, lease, or otherwise transfer any information collected whether automatically or through your voluntary action.

I may disclose your personal information to employees, administrative services, and service providers for the purpose of providing services to you.

I may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our Terms of Service or any other agreement between you and The OT Mom Next Door. Disclosure of your information may also occur when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court of law or other governmental entity.

I may also provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some of all of the Company’s assets and/or business.

How I Protect Your Information and Secure Information Transmissions

I employ commercially reasonable methods to ensure the security of the information you provide and the information that is collected automatically. This includes using standard security protocols and working only with reputable third-party vendors. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. If you do send private information via email, you do so at your own risk. Some of the information you may enter on the Website will be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit card information and other sensitive information is NEVER transmitted via email.

The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications and identifying system performance.

For Site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempt to upload or change information or otherwise cause damage.

Policy Changes

It is my policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring I have an up-to-date active and deliverable email address for you and you are responsible for periodically visiting my Website and this privacy policy to check for any changes.

Visitors’ GDPR Rights

If you are within the European Union, you are entitled to certain information and hand certain rights under the General Data Protection Regulation. Those right include: The Company will retain any information you choose to provide to us until the earlier of (a) you asking the Company to delete the information (b) the Company’s decision to cease using the existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.

You the right to seek restrictions on the processing of your data.

You have the right to objects to the processing of your data and the right to portability of your data.

To the extent that you provided consent to the Company to process your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering in to a contract with the Company.

Contact Information

If you have any questions or comments about this policy:

The OT Mom Next Door LLC

301 N. Breiel Blvd., Middletown, OH 45042

Email: Julie@theotmomnextdoor.com

Effective as of October 10, 2023

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