OTIYP.com (“OTIYP”), also known as OTInYourPocket.com, is a service, website, and mobile app (the “OTIYP platforms”) owned and operated by OTIYP LLC.
This Agreement and all policies on the OTIYP platforms set out the terms upon which OTIYP offers you access to and use our sites, services, applications, and tools (collectively, “Services”). All policies and related agreements between you and OTIYP are incorporated into this Agreement.
When you (“you,” “your” “consumer,” or “visitor”) access the OTIYP platforms, you agree to be bound by the following Terms and Conditions, as well as the OTIYP Privacy Policy, all of which may be updated by us from time to time. Your continued use of OTIYP after changes are made to the Terms and Conditions are deemed to be acceptance of those changes. We will notify you, as the consumer, anytime changes or updates are made to the Privacy Policy.
OTIYP is a members-only electronic platform that provides Services and helpful tips on a multitude of Occupational Therapy topics, including but not limited to occupational therapy and parental guidance, based on different membership tiers. Upon signing up for OTIYP and using the OTIYP platforms, you contract directly with OTIYP. Your interaction with OTIYP is at your own risk. See exhibit A.
OTIYP operates when you visit or download any OTIYP platforms and sign up for a membership with OTIYP. By using the OTIYP Services and OTIYP platforms, you agree to give OTIYP access to certain personal information so that OTIYP can provide its Services.
If you register with OTIYP and utilize the OTIYP platforms as contemplated under this Agreement, you are responsible for maintaining the confidentiality of your passwords, login, and account information (“Your Confidential Information”). You or anyone using Your Confidential Information (with or without your permission) will be responsible for all use of the OTIYP platforms. Your Confidential Information must be accurate and up to date at all times. If any of Your Confidential Information changes, you must update it immediately. If you have any reason to suspect that your account is no longer secure (if, for example, you suspect there has been loss, theft, or unauthorized disclosure of Your Confidential Information or your computer or mobile device used to access the OTIYP platforms), you must promptly change Your Confidential Information that is affected and notify us through the information provided under Contact Us.
If we believe you are misusing OTIYP and the OTIYP platforms in any way, we may, at any time and without advance notice or liability in our sole discretion and without limiting other remedies, limit, suspend or terminate your user account(s) and access to the OTIYP platforms and Services, delay or remove hosted content, remove any special status associated with your account(s), reduce or eliminate any discounts and take technical and/or legal steps to prevent you from using the OTIYP platforms and Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a year. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
When an issue arises, we may consider your performance history and the specific circumstances when applying our policies.
When you use the OTIYP platforms for OTIYP Services, your use constitutes your offer to OTIYP to use OTIYP Services for personal use. OTIYP reserves the right to limit, cancel, or prohibit any requests or orders for Services that appear to be placed in violation of this policy.
OTIYP reserves the right to withdraw any membership from time to time. OTIYP makes reasonable efforts to process orders and requests in connection with Services. However, circumstances may require OTIYP to refuse to process Services. OTIYP reserves the right to refuse to process a membership at any time, at its sole discretion, for any reason, and will not be liable for refusing to process a membership at any time.
OTIYP offers one type of membership: a lifetime membership to the website. By signing up for an OTIYP Membership, you agree to all of the Terms set forth in these Terms & Conditions and agree to pay the $3,900 fee by credit card on the OTIYP website at the time of purchase.
All purchasers of the full OT in Your Pocket bundle are eligible to receive one complimentary 45-minute 1:1 session per quarter (up to four sessions total) during the first year following purchase. These sessions are conducted with Miriam Manela Frankel, OTR/L CMLD CTC.
Access to these sessions is only available to individuals who have purchased the course bundle at full price or at a discounted rate. Users who have been granted complimentary (free) access—whether through scholarship, giveaway, or other promotion—are not eligible for the quarterly 1:1 sessions unless they upgrade to a paid plan.
If you are unsure of your eligibility or would like to upgrade your access, please contact us at [email protected]
In the event that you wish to cancel your OTIYP Membership You may do so within 30 days of payment by emailing [email protected] specifically stating that you would like to cancel. The email must be coming from the same email that you signed up with.
OTIYP’s credit card processor securely processes Credit Cards on the OTIYP platforms.
OTIYP reserves the right to change or remove (temporarily or permanently) the platforms and/or services with 30 days' notic,e and any changes that OTIYP shall encounter - and you confirm that OTIYP shall not be liable to you for any such change or removal and change Terms and Conditions at any time. Your continued use of the OTIYP platforms following any changes shall be deemed your acceptance of such change.
The OTIYP platforms may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
OTIYP owns the OTIYP platforms and all of their information and content, such as text, design, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, source codes, and the HTML used to generate the pages (collectively, the “Intellectual Property”).
In accessing OTIYP platforms, you agree to access the content solely for personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, and/or printing of pages of the OTIYP platforms for personal, non-commercial home use only.
You agree that:
You will not use any robot, spider, scraper, deep link, or similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy or monitor the OTIYP platforms other than via software that sends queries to the OTIYP platforms to index or rank a website for search and location purposes, without OTIYP’s express written consent, which may be withheld in their sole discretion.
You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the OTIYP platforms other than the search engines and search agents available through the OTIYP platforms and other than generally available third-party web browsers (such as Microsoft Explorer).
You will not post or transmit any file which contains viruses, worms, Trojan Horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the OTIYP platforms.
You will not attempt to decipher, decompile or reverse-engineer any of the software comprising or in any way make up a part of the OTIYP platforms.
You may only use the OTIYP platforms to make legitimate inquiries or requests. You will not make any false or fraudulent requests. If OTIYP is of the reasonable opinion that you have made a false or fraudulent request or order, OTIYP shall be entitled to cancel the order or request and inform the relevant authorities.
You agree to provide correct and accurate email, postal, and/or contact details to OTIYP and acknowledge that OTIYP may use these details to contact you if necessary.
If you do not give OTIYP all the information needed, OTIYP may not be able to complete your request or order.
You will not attempt to interfere or interfere in any way with the OTIYP network or related network security or attempt to use OTIYP to gain unauthorized access to any other computer system. You will not use OTIYP to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity rights of another person or entity. You will not use the Website to engage in conduct that would constitute a civil or criminal offense or that violates any applicable laws or regulations.
You are 21 years old and are legally capable of entering into binding contracts.
All products, services, and content on the OTIYP platforms are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any
kind, whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. To the extent permitted by law, OTIYP will not be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses, or damage whatever (including without limitation loss of business, opportunity, or data profits) arising from or in any way related to the use of, or the inability to use or the performance of the OTIYP platforms, or the content and materials or functionality on or accessed through OTIYP. OTIYP makes no warranty that the functionality of OTIYP will be uninterrupted or error-free, that defects will be corrected, or that OTIYP or the server that makes it available is free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to limit the liability of OTIYP for death or personal injury as a result of the negligence of OTIYP or that of its employees or agents.
You agree to indemnify and hold OTIYP and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses concerning any claims or actions brought against OTIYP arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of OTIYP.
If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
All OTIYP activity or use and these Terms and Conditions are governed by the applicable laws of the State of New York, without regard to conflict of law principles.
In the event of any claim, controversy, or alleged dispute between you and OTIYP, its members, or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding.
Each party agrees to submit any Dispute for resolution by final, binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim, or alleged breach, along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in New York County, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize the discovery burden (e.g., confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and OTIYP. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of OTIYP, be subject to binding arbitration: (1) any Disputes related to or arising from allegations of criminal activity; (2) any claim for injunctive relief. Any Dispute not subject to arbitration shall be decided by the state or federal court located within New York County, New York, United States of America. Each party hereby waives any claim that such venue is improper or inconvenient. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM, ACTION, OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in
these Terms and Conditions are determined to be wholly or partially invalid, illegal, or unenforceable; such provision shall be enforced to the extent it is legal and valid, and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Notice to California Residents. Under California Civil Code Section 1798.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services provided on the OTIYP platforms, please contact us at 256-661-0102. You may also contact us by writing to OTIYP at the following address:
OTIYP, LLC
68 Ascension Street
Passaic, New Jersey 07055