Terms and Conditions

Last Updated: November 16, 2021

These Terms and Conditions govern your use of The Behavior Exchange’s (hereinafter, “Behavior”) website located at http://www.behaviorexchange.com (the “Site”). By using Behavior’s services and/or creating a user account with Behavior, you agree to the Terms and Conditions set forth herein, including Behavior’s Privacy Policy, which is incorporated herein by reference (collectively, the “Agreement”). You may access the Privacy Policy here – https://behaviorexchange.com/privacy-policy/. Behavior may from time to time update or modify the Terms and Conditions or its Privacy policy and will notify you accordingly. Your ability to continue using Behavior’s services will be contingent upon your express acceptance of any such modified Terms and Conditions or Privacy Policy.  

This Agreement constitutes a binding contract between you and Behavior. Therefore, please proceed only after you have read, understood, and agreed to all of the terms herein. Behavior maintains all rights relating to its technology and services. All information contained within this Site is private and confidential and cannot be copied, distributed, or displayed publicly without the express written permission of Behavior. All other rights not expressly granted by Behavior are reserved. 

You may use our Site only as permitted by law and by this Agreement. Behavior reserves the right to suspend or terminate your access to our Site for any reason, including if you do not comply with this Agreement, if Behavior suspects you are not complying with this Agreement, or if you violate or are believed to have violated any applicable law or regulation in connection with your use of our Site. Behavior is not liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site to users.

In connection with using the Site, you may be allowed to upload, submit, store, send, or receive content, including photographs, images, and other materials (“User Content”). You will retain ownership in any User Content. By providing User Content, you grant Behavior a perpetual, non-revocable, sub-licenseable, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. Subject to the terms of the Privacy Policy, you agree Behavior may use User Content for any purpose, including disclosure to third parties and/or developing manufacturing and/or marketing goods or services. Behavior shall not be bound by any confidentiality obligations with respect to User Content.  

By submitting User Content, you represent and warrant that you are the owner of all rights to such content and that you have the right to grant Behavior the licenses above. You agree to indemnify, defend, and hold Behavior harmless from and against all actions (actual or threatened), claims, and liabilities that are suffered, incurred, or sustained by Behavior arising out of or related to its use of your User Content.

These content standards apply to any and all User Content and use of the Site. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. User Content must not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. User Content must not be likely to deceive any person, violate the legal rights of others, or contain any material that could give rise to any civil or criminal liability. User Content must not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. User Content must not impersonate any person. User Content must not misrepresent your identity or affiliation with any person or organization. User Content must not give the impression that it emanates from or is endorsed by Behavior or any other person or entity if this is not the case.

Behavior’s services depend on user-submitted content and information (“Personal Information”). The accuracy of information used by Behavior is dependent on the accuracy of Personal Information provided by its users. To that end, you agree to provide truthful, accurate, and complete information to Behavior. You agree that the transferring, modification, tampering, or transposing of any Personal Information is a breach of this Agreement and may expose you to civil liability and/or criminal penalties.  

By submitting Personal Information, you represent and warrant that the information is true and correct. You agree to indemnify, defend, and hold Behavior harmless from and against all actions (actual or threatened), claims, and liabilities that are suffered, incurred, or sustained by Behavior arising out of or related to its use or disclosure of Personal Information submitted by you.

BEHAVIOR DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT BEHAVIOR’S SERVICES. FOR EXAMPLE, BEHAVIOR DOES NOT GUARANTEE OR MAKE PROMISES ABOUT THE AVAILABILITY OR ACCURACY OF INFORMATION PROVIDED BY BEHAVIOR. BEHAVIOR DOES NOT MAKE ANY PROMISES ABOUT THE CONTENT WITHIN ITS SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THE RELIABILITY, AVAILABILITY, OR ABILITY OF BEHAVIOR TO MEET YOUR NEEDS. BEHAVIOR’S SERVICES ARE PROVIDED “AS IS.”

TO THE EXTENT PERMITTED BY LAW, BEHAVIOR AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS’ TOTAL LIABILITY OF ANY CLAIMS ARISING OUT OF OR RELATED TO BEHAVIOR’S SERVICES AND THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU HAVE PAID BEHAVIOR. 

TO THE EXTENT PERMITTED BY LAW, BEHAVIOR AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. 

Unless otherwise indicated, all intellectual property rights in Behavior and all information provided therein (whether in text, images, or other materials, including trademarks and copyrighted material) are owned by or have been licensed to Behavior.  

This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as your computer temporarily stores copies of such materials in RAM incidental to your accessing and viewing those materials, your computer stores files that are automatically cached by your web browser, and as you may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.  

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Behavior, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Behavior. We are not responsible, or liable to you or any third part, for the content or accuracy of any materials provided by any third parties.

By accessing this Site, you agree that the laws of the United States shall apply to all matters arising from or relating to Behavior and this Agreement. You also agree to submit to the exclusive jurisdiction of the state and/or federal courts in Dallas County, Texas and Boulder County, Colorado, United States with respect to any matters arising out of or related to your use of Behavior or in connection with any disputes arising out of or related to this Agreement.

If any clause or section of this Agreement is or becomes partially void or unenforceable, the parties will continue to be bound by the remainder of the Agreement.

All content © The Behavior Exchange 2021

Bope you find this information useful and that you take comfort knowing you’re not alone.

Questions? If you have any questions about this Policy, please contact us at 6105 Windcom Court, Suite 400, Plano, TX 75093, (972) 312-8733