These terms and conditions apply to all customers, users, and visitors of the site.
Welcome to Eat. Play. Love. Occupational Therapy, LLC (“Eat. Play. Love. OT”). The https://www.eatplayloveot.com website (the “Site”) is comprised of various web pages operated by Eat. Play. Love. OT. This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
DESCRIPTION OF THE SITE
This Site is an E-Commerce Site selling the DeveloPLAY Box which is a subscription box with tools and toys for kids curated by a licensed occupational therapist, DeveloPLAY Box is recommended for children ages 4-10 years old. The subscription box comes with a wide variety of sensory and motor toys. Eat. Play. Love. OT sells subscription boxes that are shipped and delivered to the customer’s door.
This website also contains general information about pediatric occupational therapy, child developmental delays, autism spectrum disorders in children, pediatric neurological impairments, mental health disorders, and/or emotional and behavioral disturbances in children. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor, therapist or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your child’s physician, therapist or other qualified healthcare provider. If you think your child may be suffering from a disorder or you think your child needs occupational therapy you should speak to their doctor or another healthcare provider. While the information published on this site is believed to be accurate, it has been published solely for the purpose to provide general information and is not intended as a substitute for professional medical advice.
The service allows customers to receive boxes of goods, samples, offers, coupons, articles of other information, review products and boxes, and receive emails with information and offers. Customers may review information related to the product or posts and may submit video, photos and textural content or comments to this site through various services and applications including but not limited to Eat. Play. Love. OT Instagram and Facebook. The site contains proprietary and 3rd party information including products, pictures, reviews, labels, and other information in textual, visual, audio, video, or other digital formats on the site.
Electronic Communications
Visiting this Site or sending emails to Eat. Play. Love. OT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Eat. Play. Love. OT is not responsible for third party access to your account that results from theft or misappropriation of your account. Eat. Play. Love. OT and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. By creating an account, you agree to receive free content and/or promotional offers from us.
Under Eighteen
You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations representations and warranties set forth in these terms and conditions and abide by these terms and conditions.”
Cancellation/Refund Policy
You may cancel your subscription at any time. Please contact us at contact at eatplayloveot@gmail.com with any questions.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.eatplayloveot.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Eat. Play. Love. OT that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Eat. Play. Love. OT or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Eat. Play. Love. OT content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Eat. Play. Love. OT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eat. Play. Love. OT or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Eat. Play. Love. OT has no obligation to monitor the Communication Services. However, Eat. Play. Love. OT reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Eat. Play. Love. OT reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Eat. Play. Love. OT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Eat. Play. Love. OT ’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Eat. Play. Love. OT does not control or endorse the content, messages or information found in any Communication Service and, therefore, Eat. Play. Love. OT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Eat. Play. Love. OT spokespersons, and their views do not necessarily reflect those of Eat. Play. Love. OT.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://www.eatplayloveot.com
Eat. Play. Love. OT does not claim ownership of the materials you provide to https://www.eatplayloveot.com (including feedback and suggestions) or post, upload, input or submit to any Eat. Play. Love. OT Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Eat. Play. Love. OT , our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Eat. Play. Love. OT does not condone or tolerate the submission of illegal and/or inappropriate content”
No compensation will be paid with respect to the use of your Submission, as provided herein. Eat. Play. Love. OT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Eat. Play. Love. OT ’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. Products within the boxes are manufactured by Eat. Play. Love. OT’s suppliers. Parent supervision is required for all products.
Taxes/Shipping and Handling
You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf though the service, at the price in effect when such charges are incurred including all shipping and handling charges when applicable.
International Users
The Service is controlled, operated and administered by Eat. Play. Love. OT from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Eat. Play. Love. OT Content accessed through https://www.eatplayloveot.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eat. Play. Love. OT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eat. Play. Love. OT in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Termination/Access Restriction
Eat. Play. Love. OT reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eat. Play. Love. OT as a result of this agreement or use of the Site. Eat. Play. Love. OT ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eat. Play. Love. OT ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Eat. Play. Love. OT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eat. Play. Love. OT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eat. Play. Love. OT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Eat. Play. Love. OT reserves the right, in its sole discretion, to change the Terms under which https://www.eatplayloveot.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
Updated 9-3-2020