Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the website located at creativecareaba.com (the “Website”), the contact, scheduling, and intake forms hosted on the Website, and any related communications you receive from Creative Care Therapy Services d/b/a Creative Care ABA Therapy (“Creative Care,” “we,” “us,” or “our”). By accessing or using the Website, submitting a form, calling us, exchanging email, or replying to a text message from us, you agree to these Terms. If you do not agree, do not use the Website or our communication channels.

1. About us

Creative Care Therapy Services is a provider of Applied Behavior Analysis (ABA) therapy services for children, headquartered in New Jersey. Clinical services are delivered by Board Certified Behavior Analysts (BCBAs), Behavior Analysts, and Registered Behavior Technicians (RBTs) under appropriate state oversight.

The clinical services described on the Website (in-home ABA, in-school ABA, consultations, assessments, and related care) are separate from your use of the Website. Your decision to contact us through the Website does not by itself create a clinical relationship, an intake commitment, or an enrollment decision. A clinical relationship begins only after a written intake agreement is signed and an authorized clinician has accepted your case.

2. Eligibility and acceptance

The Website is intended for use by adults 18 years of age or older, including parents, legal guardians, family members, educators, and community partners acting on behalf of a child. By using the Website you represent that you are at least 18 years old and that any information you submit about a child is submitted with the legal authority to do so.

By continuing to use the Website you accept these Terms, our Privacy Policy, and any additional notices we post that are incorporated by reference. If you are accepting these Terms on behalf of an organization (a school district, an agency, or a foundation), you represent that you have authority to bind that organization.

3. Description of services

Through the Website you can read about our services, request a free consultation, ask questions, and submit information that helps our intake team evaluate fit. The Website and its content are provided for general informational purposes only. Service availability depends on your address, your insurance plan, clinician capacity, and clinical appropriateness, all of which are confirmed during intake. Nothing on the Website is a guarantee of acceptance into care, a guarantee of session availability, or a guarantee of insurance coverage.

We reserve the right to decline service in our sole discretion when a case is outside our clinical scope, outside our service area, outside our staffing capacity, or otherwise unsuitable for our practice. We also reserve the right to modify, suspend, or discontinue any program or feature on the Website at any time without notice.

4. Information you submit

When you submit a contact, scheduling, or intake form, you agree that the information you provide is accurate, current, and complete to the best of your knowledge. You are responsible for keeping that information updated. We rely on the information you submit to confirm service area, verify insurance, and route your request to the right team member. Inaccurate or incomplete information may delay or prevent intake.

Do not submit information about another adult without their permission, and do not submit medical records or sensitive clinical files through public website forms. If we need clinical documents we will request them through a secure intake channel.

5. Communications consent

By submitting a form or providing your contact information, you consent to receive the communications described below. You can opt out of any of them at the contact points listed. Records of consent and opt-outs are retained as required by law.

5.1 Email

We send transactional emails confirming form submissions, intake updates, scheduling coordination, billing, and clinical operations. These emails are necessary to deliver the service you requested. You can opt out of non-essential email by replying with the word “unsubscribe” or by emailing office@creativecareaba.com. Some operational and clinical emails will continue while your case is open.

5.2 Phone calls

By providing a phone number, you authorize Creative Care and its authorized agents to call you at that number for intake, scheduling, billing, clinical coordination, service updates, and reasonable follow-up related to your inquiry or your child’s care. Calls may be placed using an automatic telephone dialing system or an artificial or prerecorded voice as permitted by applicable law. You may also receive calls from clinicians using their own lines. Some calls may be recorded for quality, training, and compliance, and you will be notified at the start of any recorded call. Standard call rates from your carrier may apply. To stop calls, ask the caller to remove your number, email office@creativecareaba.com, or call (551) 258-4077.

5.3 Text messaging (SMS)

By providing a mobile phone number through any Creative Care form, by checking a text consent box, by texting us first, or by replying to a Creative Care text message, you expressly consent to receive text messages from Creative Care related to intake, scheduling, appointment reminders, clinical coordination, billing, service updates, and reasonable follow-up about your inquiry or your child’s care. Texts may be sent using an automated messaging system. Consent to receive text messages is not a condition of receiving services from Creative Care. You may decline texts and still receive care through phone and email.

Message frequency: Message frequency varies and depends on your interaction with us. You may receive several messages per week during active scheduling or intake, and fewer messages between sessions. Message and data rates may apply. Charges are billed by your mobile carrier and are your responsibility. Carriers are not liable for delayed or undelivered messages.

Opt-out: Reply STOP to any Creative Care text message to opt out of further texts at any time. After you reply STOP we will send a single confirmation message and will not text you again from that program unless you opt back in. You can also opt out by emailing office@creativecareaba.com or by calling (551) 258-4077.

Help: Reply HELP to any Creative Care text message to receive help, or contact office@creativecareaba.com or (551) 258-4077.

Privacy of mobile information: Mobile information (including your phone number, the fact that you opted in to text messaging, and the contents of any text exchanges with us) will not be shared with third parties or affiliates for marketing or promotional purposes. Information may be shared with subcontractors that support our messaging program (such as our SMS platform provider and our hosting provider) solely so they can deliver the program on our behalf. All other categories of information sharing are excluded from this consent.

For a full description of how we collect, use, retain, and protect personal information, including mobile information, see our Privacy Policy.

6. Acceptable use of the Website

You agree not to:

• Use the Website in violation of any law, regulation, or third-party right.
• Submit false, misleading, or fraudulent information through any form.
• Attempt to gain unauthorized access to any part of the Website, our infrastructure, or any account, network, or device that connects to the Website.
• Probe, scan, or test the vulnerability of the Website, or breach any security or authentication measure.
• Send unsolicited or automated traffic, scrape content at a rate or in a manner that burdens the Website, or interfere with the Website’s normal operation.
• Upload, transmit, or distribute malware, viruses, or any code designed to harm or alter the Website or its users.
• Use the Website to send spam, harass any person, or impersonate another person or entity.
• Reproduce, copy, sell, resell, license, or otherwise exploit any portion of the Website for a commercial purpose without our prior written consent.

We reserve the right to investigate and prosecute violations of this section to the fullest extent permitted by law, including referring suspected criminal conduct to law enforcement.

7. Intellectual property

All content on the Website, including text, graphics, logos, illustrations, icons, images, photographs, audio, video, software, and the selection and arrangement of that content, is the property of Creative Care Therapy Services or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes.

“Creative Care ABA Therapy,” “Creative Care,” the Creative Care logo, and related marks are trademarks of Creative Care Therapy Services. You may not use any Creative Care mark without our prior written permission. Other names, logos, and marks displayed on the Website may be the trademarks of their respective owners.

8. Your submissions and feedback

If you send us suggestions, ideas, testimonials, or other feedback about the Website or our services (collectively, “Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, reproduce, distribute, and display that Feedback for any lawful purpose, with no obligation to you. You represent that you have the right to provide the Feedback and that the Feedback does not infringe any third-party right.

Information you submit through intake or clinical channels is treated under our Privacy Policy and applicable healthcare privacy law, not this section.

9. Third-party links and services

The Website may contain links to third-party websites, products, or services (such as Google Maps for location pages, social media platforms, or insurance carrier resources). Those links are provided for your convenience. We do not endorse, control, or assume responsibility for the content, privacy practices, or operation of any third-party site or service. Your interactions with those third parties are governed by their own terms and policies.

10. Medical and clinical disclaimer

The information on the Website is provided for general educational purposes only. It is not medical advice, clinical advice, a diagnosis, a treatment recommendation, or a substitute for the judgment of a licensed clinician familiar with your child’s history. Reading content on the Website does not create a clinician-patient relationship or any clinical obligation by Creative Care toward you or your child.

If you have a medical or behavioral concern about a child, contact a qualified clinician. If you believe your child or another person is in immediate danger, call 911 or your local emergency services.

11. No guarantee of clinical outcomes

ABA therapy results vary significantly from child to child and depend on factors that include the child’s individual profile, the consistency of the program, parent and school involvement, attendance, and many other variables. Nothing on the Website, in our marketing materials, or in our communications constitutes a promise, guarantee, or warranty of any specific clinical result for your child. Examples and case descriptions shown on the Website are illustrative only.

12. Insurance and benefits information

Any insurance benefits information we share with you (whether by phone, email, text, or in writing) is an estimate based on information provided by your insurance carrier at the time of inquiry. It is not a guarantee of coverage or payment. Coverage depends on your plan’s terms, applicable medical-necessity criteria, prior authorization, claim adjudication, and other factors outside our control. You remain financially responsible for any amounts not paid by your insurance carrier in accordance with your plan and any billing agreement you sign.

13. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Website and all content, information, and services available through the Website are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults, and without warranty of any kind, express or implied. We expressly disclaim all warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and uninterrupted or error-free operation.

We do not warrant that the Website will be available at any particular time, that defects will be corrected, that the Website is free of viruses or other harmful components, or that any content on the Website is accurate, complete, current, or reliable. You use the Website at your sole risk.

14. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Creative Care Therapy Services, its owners, officers, directors, employees, contractors, clinicians, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your access to or use of, or inability to access or use, the Website, any communications from us, or any reliance on Website content, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability arising out of or related to the Website or these Terms (excluding amounts owed to us under a separate clinical services agreement) shall not exceed one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations in this section may not apply to you. In that case, our liability is limited to the smallest amount permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Creative Care Therapy Services, its owners, officers, directors, employees, contractors, clinicians, agents, licensors, and service providers from and against any claim, demand, action, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any law or any third-party right; (d) any content you submit through the Website; or (e) any unauthorized use of your account, device, or credentials.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you will cooperate with our defense.

16. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Website you consent to that collection, use, and disclosure.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page and, when changes are material, provide additional notice (for example, by posting a banner on the Website or by sending an email to recent contacts). Your continued use of the Website after the updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Website.

18. Termination of access

We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including a violation of these Terms or a request from law enforcement. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution) will survive.

19. Governing law and venue

These Terms and any dispute arising out of or related to these Terms or the Website are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. Subject to Section 20 below, any action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the state or federal courts located in New Jersey, and you irrevocably consent to the personal jurisdiction of those courts.

20. Dispute resolution

Before filing any legal action, you agree to first contact us at office@creativecareaba.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. If we cannot resolve the dispute informally, either party may pursue available remedies in the courts identified in Section 19. Nothing in this section limits a party’s right to seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent imminent harm.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed from these Terms, and the remaining provisions shall continue in full force and effect.

22. No waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. A waiver of any provision is effective only if in writing and signed by an authorized representative of Creative Care.

23. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in whole or in part to any successor in interest, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

24. Entire agreement

These Terms, together with our Privacy Policy and any other notices we post on the Website, constitute the entire agreement between you and Creative Care concerning your use of the Website, and supersede all prior or contemporaneous communications, whether electronic, oral, or written, regarding the Website. Any clinical services you receive from Creative Care are governed by a separate written services agreement.

25. Contact us

Questions about these Terms or any communication you received from us can be sent to: