Play Talk & Grow LLC (“PlayTalk&Grow”, “PTG”, ” the Company”, “we”, “our” or “us”), owns and operates the website at playtalkandgrow.com and any affiliated platform or mobile application (each mobile application, an “Application”, and together with the website and platform, the “Services”). Although accessible by others, the Services (which include content) are intended for access and use only by U.S. customers.

By accessing or using the Services, you agree to be bound by these Terms of Service (“Terms”) and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of these Terms). If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to these Terms on behalf of such Family Member. If you do not agree to these Terms, you may not access or use the Services.

These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

PLAY TALK & GROW DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, PLEASE DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.

The web is an evolving medium. If we change these Terms in the future, we will update the “Effective Date” to reflect the date of the changes. If we make material changes to these Terms, we will make reasonable attempts to notify you, such as by posting a notice in our Application or on our website. By continuing to access or use the Services after we post such changes, you agree to the modified Terms.

What Services Does PlayTalk&Grow Provide?

PlayTalk&Grow provides a service for you to connect with speech-language pathologists and other health care professionals in your area and receive in-person speech therapy consultations and treatment through licensed speech-language pathologists (“Speech Therapy Services”). The platform is also designed to offer information and educational materials about speech disorders and the benefits of therapy.

PlayTalk&Grow provides Speech Therapy Services. Speech Therapy Services are currently only available to individuals located in certain states, and this list is subject to change without advance notice.

Your receipt and use of Speech Therapy Services are subject to the PlayTalk&Grow Speech Therapy Terms available here.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF CLINICAL TREATMENT OR THERAPY, OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES.

Privacy

Please review our Privacy Policy carefully so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.

Please review PlayTalk&Grow’s HIPAA Notice of Privacy Practices carefully so you understand our privacy practices with respect to your Protected Health Information we collect when providing Speech Therapy Services.

Eligibility and Registration

By using the Services, you affirm that you are of legal age and have full authority to enter into this Agreement, that you are located in a state where we operate (if you are receiving Speech Therapy Services) and that you have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services.

When registering with PlayTalk&Grow, you will be asked to provide us with certain information, such as your name, address, date of birth, credit card information and the name of your primary care provider (if you have one). You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. You agree to provide us with proof of identity upon request.

We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If you believe your PlayTalk&Grow account or password has been compromised, you will notify us immediately.

Your Use of the Services

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to use the Services solely for your personal and non-commercial purposes. We reserve all other rights.

Your use of the Services must be in accordance with all applicable laws. You may only access the Services using authorized means.

By accessing or using the Services, you further agree that you will not:

• copy or distribute the Services or other Services content, or resell the Services to a third party;

• upload or transmit any communications or content of any type that infringes or violates any rights of any party;

• use the Services for any purpose in violation of local, state, federal or international laws;

• use the Services as a means to distribute advertising or other unsolicited material to any third party;

• impersonate another person;

• post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;

• You will ensure that no unauthorized person shall have access to your mobile device or your PlayTalk&Grow passwords or accounts;

• assign or otherwise transfer your account to any other person or entity;

• try to harm the Services or impair the proper operation of the network in any way whatsoever; and

We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

Subscription, Payment and Fees

We offer different Speech Therapy Services of varying scope and fees. To learn more about available Speech Therapy Services and pricing, please visit here.

When you register for an PlayTalk&Grow account, you will be asked to provide your credit card or other payment card information.  By providing your credit or other payment card information, you agree to pay all fees due for Speech Therapy Services and you authorize us, our affiliates, or our third-party payment processors to automatically charge the amount due.

PlayTalk&Grow’s payment processing services are provided through Stripe, Inc. and/or its affiliates. You can review Stripe’s privacy policy at https://stripe.com/privacy.

Consent to Electronic Communications

You agree that PlayTalk&Grow may send the following to you by email or by posting them on our website and mobile application: legal disclosures; these Terms; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Services. You agree that PlayTalk&Grow may contact you via secure messaging, email, phone, text, or mail regarding the Services. Text messages may be sent using an automatic telephone dialing system. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to office@playtalkandgrow.com or a letter to PlayTalk&Grow at 10 Regent Park Blvd Asheville, NC 28806. You may also opt out of certain electronic communications by following the unsubscribe instructions in any communication you receive from PlayTalk&Grow. For example, you may opt out of receiving automated text messages by texting STOP in response to any automated text message. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. However, you understand and acknowledge that if you opt-out of receiving promotional messages, you will continue to receive administrative messages from us.

Intellectual Property Ownership

PlayTalk&Grow alone shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by PlayTalk&Grow, and/or, as applicable, PlayTalk&Grow’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to PlayTalk&Grow any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.

These Terms does not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by PlayTalk&Grow. PlayTalk&Grow’s name, logo and the product names and logos associated with the Services are trademarks of PlayTalk&Grow, its affiliated companies or third parties, and no right of license is granted to use them.

The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Linked Sites and Third Party Materials

The Services may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by PlayTalk&Grow, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).

Disclaimer of Warranties

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE.

The Services are solely designed to enable you to obtain in-person consultations and therapy by facilitating the connection between you and nearby speech-language pathologists or other health care providers. The Services do not constitute the practice of medicine, nursing, or related diagnosis or treatment.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the speech-language pathologists that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PLAYTALK&GROW AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF PLAYTALK&GROW FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF PLAYTALK&GROW WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.

Indemnification

You agree to indemnify and hold harmless PlayTalk&Grow, the Provider Groups and other PlayTalk&Grow affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all suits, actions, claims, proceedings, settlements, judgments, injuries, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of these Terms by you or any other person using your account, or your negligence or intentional misconduct or violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Modification or Discontinuation of the Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Digital Millennium Copyright Act Policy

The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, PlayTalk&Grow has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to PlayTalk&Grow, LLC. at office@playtalkandgrow.com.

Dispute Resolution and Arbitration Agreement

YOU AND PLAYTALK&GROW ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

EXCEPT AS SET FORTH IN THIS SECTION, ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.

Notwithstanding the foregoing, you and PlayTalk&Grow each retain the right: (i) to bring an individual action in small claims court (if the Claim in question qualifies for small claims court); and (ii) to seek injunctive or other equitable relief in court against actual or threatened infringement, misappropriation or violation of intellectual property rights.

The arbitration will be conducted confidentially by a single arbitrator in North Carolina under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You and PlayTalk&Grow agree these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

You and PlayTalk&Grow agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR PLAYTALK&GROW WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Miscellaneous

These Terms constitute the entire agreement between us and you with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to any conflicts of law provisions contained therein. The parties agree to the personal and subject matter jurisdiction and venue of the federal courts located in North Carolina for any action related to this Agreement.

These Terms are personal to you and you may not assign it to anyone. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law. No waiver by PlayTalk&Grow of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PlayTalk&Grow to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Contact

If you have any questions or comments about these Terms, please write to us by email at office@playtalkandgrow.com