Terms and Conditions

Introduction

By accessing our website, www.practicalsolutionsonline.com (the “Site”), you are agreeing to these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use (“Terms”). Please read these Terms carefully as they are​ ​legally​ ​binding and, together with the Privacy Policy, will govern your use of the Site and the purchase of products offered by us through the Site (the “Products”). ​ You must indicate your acceptance of the Terms and Privacy Policy when you create an account with us and/or purchase a Product from us.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND WE 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.

We may, in our sole discretion, modify or revise the Terms at any time, and you agree to be bound by such modifications or revisions. Although we may, in our sole discretion, 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 https://www.practicalsolutionsonline.com/terms-and-conditions. Your continued use of the Site following any changes in the Terms 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 possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms. The Site and the Products are not intended to be used by anyone under sixteen years of age. Minors between the ages of 16 and 18 who have not been emancipated may only use the Site with the involvement and consent of a parent or guardian.

Account Creation

When using our Site, including if you purchase Products, you may have the option to create an account with us (“Account”). 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 at any time or to disclose

Product Purchases

 Orders

You agree that any order you place on the Site is an offer to buy the Products listed in your order. All orders placed through the Site are subject to our acceptance. This means that we 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. We will issue a refund for any order that has been charged to your credit card but is later cancelled for any reason.

Products

From time to time, Products offered on the Site may be available exclusively through the Site or may be offered in limited quantities. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. All descriptions of Products are subject to change at any time without notice, in our sole discretion. We reserve the right at any time to modify or discontinue any of our Products without advance notice.  

Digital Materials Relating to the Products

Certain of the Products sold on the Site may come with accompanying digital materials that are downloadable following purchase.  We hereby grant you one revocable, worldwide, non-exclusive license to any accompanying materials to the Product(s) you have purchased. If you violate this license by giving or selling a copy of such accompanying materials to anyone, we reserve the right to invoice you for the licenses you have gifted to others and revoke your access to the accompanying materials permanently.

Prices and Payment Terms

Prices posted on the Site may be different than prices offered by us or our 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 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.

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

From time to time we may offer promotions that may affect pricing of the Products or promotional codes that relate to products being sold by independent third parties.  The terms of any promotion shall be governed by terms and conditions separate from these Terms. The terms of any promotional code for a third party website shall be as set forth on the applicable third party website.  If there is a conflict between the terms for a promotion or promotional code and these Terms, the terms of the promotion/promotional code/third party website, as applicable, will govern.

Payments through our Site are hosted by Squarespace. They provide us with the online platform that allows us to sell our Products to you. We do not store any whole credit card numbers or payment information, and instead, these are processed through our third party processors Squarespace, Stripe, and JP Morgan Payments. By utilizing our payment processors to purchase Products, you indemnify us 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.

Returns/Refunds

If you are not satisfied with any Product purchased from us, we will issue a full refund via the payment method utilized to purchase the Product.

Chargebacks

​​Before attempting a chargeback with your financial institution, we ask that you first request a refund by contacting us at help@practicalsolutionsonline.com.  In the event you attempt a chargeback with your financial institution, you agree that you will forfeit any and all refunds from us for your original purchase. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.

Third-Party Links; Affiliate Advertising 

 The Site contains links to websites, tools, and resources operated by independent third parties that are not under our control. By using these tools and features, you may be subject to certain terms and policies of those independent third parties, and if required for such use, you hereby authorize us to transfer your information to the applicable independent third-party service. As noted above, the independent third parties are not under our control and, to the fullest extent permitted by law, we disclaim any and all liability for any content on the website of any independent third-party or the use of any information relating to you that has been exported to such independent third party. We urge you to review the terms of use and privacy policy of any independent third party before clicking on any link to such site or sharing any information. Once sharing occurs, we no longer have control over what has been shared.  

 Some of the Products offered on the Site are being sold by independent third parties via the websites that we link to.  These third parties pay us fees when you purchase their products after clicking on a link on our Site. We do not control such third-party websites, tools, products, merchandise, services or resources, and WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, OR INFORMATION OFFERED BY ANY SUCH THIRD PARTIES. Neither the inclusion on the Site of links to such third-party websites nor our participation in any related affiliate marketing programs shall be construed as our endorsement of any such third-party content, products, or services. IF YOU ACCESS, PURCHASE OR USE ANY THIRD-PARTY PRODUCTS, MERCHANDISE, SERVICES OR RESOURCES, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR ACCESS, PURCHASE OR USE OF SUCH THIRD-PARTY PRODUCTS, MERCHANDISE, SERVICES OR RESOURCES. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties.  All complaints, claims, concerns, or questions regarding third-party products and transactions with third parties should be directed to the third party.

Consulting Services

 The terms and conditions relating to any consulting services offered by us shall be as set forth in the engagement letter that you and we enter into. The information provided on the Site is not intended to be a substitute for professional mental health or clinical psychological advice, diagnosis or treatment and should not be used to replace professional mental health or clinical psychological advice, diagnosis, treatment or other medical advice or services. Absent a fully executed engagement letter for consulting services, your use of the Site does not create any therapist patient or other treatment relationship between you and us or any of our representatives.  If you have any concerns or questions about your child’s mental health, you should always consult with your healthcare provider.

Limitation on Liability

The Site and related materials are provided for educational and informational use only. While we may reference certain results, outcomes or situations on this Site, you understand and acknowledge that we make no guarantee as the likelihood of success as a result of the information or any statements made anywhere on this website. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site, any Products and all related materials, products, courses or the materials contained herein.

TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED  OR PRESENTED ON THE SITE OR IN ANY PRODUCT PURCHASED FROM THE SITE, INCLUDING ANY ACCOMPANYING MATERIALS, IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY  REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR  IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILITY,  CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR  COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED TO ACCESS THE SITE). TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL PRACTICAL SOLUTIONS BE LIABLE FOR ANY  INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL  DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF  DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT  (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR PURCHASE OF ANY PRODUCT ON THE SITE; (B) YOUR USE OF ALL CONTENT ON THE SITE OR IN ANY PRODUCT PURCHASED ON THE SITE; (C) THE SITE’S SECURITY, OPERABILITY, OR  AVAILABILITY; (D) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR  ADVERTISED ON THE SITE; (E) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY THIRD PARTY ON OR VIA THE SITE; OR (F) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE, ANY PRODUCT OR ANY ACCOMPANYING MATERIAL  – EVEN IF  ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $50 or the amount purchased from us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit our liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

General Terms

This Site is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this Site is used at your own risk. If you wish to report any errors or omissions, please feel free to email us at help@practicalsolutionsonline.com.

 Entire Agreement

The information contained herein constitutes the entire agreement between Site users and Practical Solutions relating to the use of the Site, the purchase of any Products on the Site and the use of the Products and any accompanying materials.

Severability

If any part of these Terms or our Privacy Policy is deemed unlawful and/or unenforceable, that part shall be deemed to be removed and all other provisions contained herein or therein shall remain in full force and effect.

Law and Jurisdiction

The Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any dispute arising out of or related to the Terms, any Products or any accompanying materials is subject to the exclusive jurisdiction of the Federal and state courts located in New York State.

Unsolicited Information

From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). The term “Unsolicited Information” does not include any personal information that you provide.  Our rights and obligations with respect to personal information is set forth in our Privacy Policy.

Notwithstanding the foregoing, we do not want to receive confidential or proprietary information from you, and as a result, we may refrain from reviewing Unsolicited Information.  You agree not to send any user content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By sending us any Unsolicited Information you grant to us, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or compensation to you of any kind.

 Intellectual Property

We respect the intellectual property rights of others, and we ask you to do the same.  We reserve the right to close your account and/or terminate access to the Site if we believe that your use infringes the intellectual property rights of others. Conversely, if you believe that anything on the Site infringes the your intellectual property rights, please provide the following information to help@practicalsolutionsonline.com.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description where the material that you claim is infringing is located on the Site;

• Your full name, address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

It is important to note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.  

Indemnification

 To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Practical Solutions and our officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Site, any Products and any accompanying materials;  your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party.  You agree to cooperate with us in defending such claims and hereby understand and agree that we are free to settle any such third party claim or demand in our sole discretion.

DISPUTE RESOLUTION; CLASS ACTION WAIVER; AND JURY WAIVER

 Please read this Section carefully as it affects your rights.

All Disputes arising between you and us shall be resolved by binding arbitration, which replaces the right to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in a court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must adhere to the applicable provisions of these Terms and can award the same damages and relief as a court (including attorney’s fees). 

 WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION. 

Pre-Arbitration Claim Resolution.

Before making a claim, you and we agree to try to resolve any disputes through good faith discussions. For the purpose of this Section, “we” means Practical Solutions and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. As used herein, the term “Dispute” means any dispute, claim, or controversy  regarding, arising out of or relating to these Terms, any aspect of your relationship with Practical Solutions (other than any consulting services that are the subject of a formal engagement agreement with us), or  your use of the Site any Products and any accompanying materials, whether based in contract, statute, regulation, ordinance, tort (including, but not  limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or  equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this section of the Terms dealing with dispute resolution (with the exception of the enforceability of the Class Action Waiver clause below), but excluding any claims we make for injunctive or other equitable relief. You may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. In the event that you and we cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Dispute as further outlined below. 

Dispute Resolution Process

Any Dispute not settled in the pre-arbitration process shall be resolved by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. If anything in these Terms conflicts with the applicable arbitration rules, these Terms shall govern. 

Under no circumstances will class action or representative action procedures or rules apply to the arbitration. The arbitration will be conducted in New York County, New York, unless you and we agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in in these Terms shall prevent us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights. 

Class Action Waiver; Jury Waiver

Except to the extent prohibited by applicable law, you agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we agree, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative, consolidated or class proceeding, against us. This waiver applies to class arbitration, and, unless we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action).

You further agree that by entering into these Terms you are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, in the event either of the foregoing waivers are found to be illegal or unenforceable under applicable law, such waiver shall be deemed removed from the Terms and the remainder of the Terms shall continue in full force and effect.