How To Create A Safe, Fun, And Functional Backyard For A Child On The Autism Spectrum

Many parents view the backyard as a haven, a place where the kids can go and entertain themselves for hours on end when the weather is nice. For moms and dads who work from home or have chores to get done around the house, the backyard can be a huge help nearly all year. For families of children who are on the autism spectrum, however, it can be one more cause for worry and stress.

Making sure your home is safe and comfortable for your child is important, and that includes the exterior as well as the interior. The backyard can be a wonderful place for your child to explore and have fun, but there are several considerations to make before they do. For instance, swingsets and other play equipment should be secured and in good shape; these can become weathered throughout the seasons and require a checkup once in a while.

Keep reading for more great tips on how to create a fun and functional backyard for your child on the autism spectrum.

Check for Hazards

Since all children on the autism spectrum have very different needs, the way your backyard is set up should be specific to those. Little ones who have a tendency to wander may require secure latches on fence gates or motion sensors around the pool area (for specific pool safety tips, click here). Look for new plant growth that might be toxic, nails or screws that have fallen to the ground and can hurt small feet, and play equipment that needs maintenance.

Create a garden space

Kids love learning how things grow, and a small garden space can help teach kids of all ages responsibility and math and science concepts. Whether you want some colorful flowers or an edible garden that the entire family can enjoy, it’s important to do a little research first to make sure your garden will be a success. Preparing the soil, planning for the right amount of water and sunlight, and making sure you have the right tools are important parts of the gardening process. Read up on how to get started here.

Set up a birdwatching station

A fun, safe activity for kids of any age is birdwatching, and it can be done nearly year-round in most states. Set up an area for the birds — a feeder, a birdbath, a small house in a sturdy tree — and invest in a good set of binoculars so that everyone can take turns watching these fascinating creatures. Look for a book that will help you learn about the different birds that come through your yard, and encourage your child to look up some info on his own. The internet is a great resource for tips on fun activities that can be done in the backyard.

Go camping

Camping is a great way to get the family together for some bonding time, but you don’t have to take a road trip to do it. Set up a tent in the backyard, bring out the flashlights, and tell some spooky stories over hot dogs and s’mores. If your child is interested in joining a wilderness organization, this is a great opportunity to start teaching him about the outdoors and how to make nature work for you.

Creating a fun, functional, and safe backyard takes a little work, but once it’s done, you and your family can have a great time learning about nature and making memories all year long. Keep your child’s specific needs in mind when looking for safety hazards; this will give you peace of mind and keep your little one incident-free as he’s having fun.

Sensory Processing Disorder Symptoms

Sensory Processing Disorder in simple terms is a disorder in how the nervous system receives and processes messages from its senses. Sometimes, it may affect one sense, sometimes it may affect several. Symptoms may also be inconsistent, more sever one day and not the next.  Just because a child has some these symptoms doesn’t mean they have Sensory Processing Disorder. Symptoms can also vary from severe to mild.

A child may have Hypersensitivities, where their senses are over responsive to stimulants. Or, they may have Hypo sensitivities, where they are under responsive to stimulants.  See the lists below for symptoms to both. Click here to read more about Sensory Processing Disorder.

 

Hypersensitivity (Over-Responsive)

  • Fear of loud noises
  • Fearful of crowds
  • Avoids touch and cuddling
  • Poor balance
  • May affect one sense, or many
  • May be a fussy baby
  • Textures will irritate them (like food textures)
  • Don’t like change
  • Will frequently throw tantrums
  • Background noise will bother them
  • May find clothing irritating
  • Low pain threshold
  • Bright colors irritate them
  • Lack of social skills
  • Poor self control
  • May notice sounds others don’t
  • Screaming if their face gets something on it (like it gets wet)
  • Fearful of crowds
  • Anxious and worried about their safety
  • Reluctant to play on the playground
  • Dislike washing hair, cutting nails, brushing teeth, etc.
  • Dislikes getting dirty
  • Oversensitive to odors
  • Have difficulties calming down when they get upset

 

Hyposensitivity (Under-Responsive)

 

  • In constant motion
  • Not bothered by injuries like cuts and bruises
  • Craves fast and intense movement
  • Likes messy play
  • Spinning doesn’t make them dizzy easily
  • Loves fast and intense rides at amusement parks
  • Doesn’t physically feel things very well
  • Moves or squirms even when sitting down
  • Craves touch
  • May not be aware hands or face is dirty
  • Self abusive
  • Hurts other kids or pets when playing
  • Prefers foods that are very flavorful
  • Loves to swing as high as possible
  • Doesn’t respond well to verbal cues
  • Will make noise for no apparent reason
  • Appears confused about where sound is coming from
  • Excessive drooling past the teething phase
  • Will be a thrill seeker
  • Loves being tossed in the air
  • Can never get enough flavor on their food
  • Struggles discrimination bad smells
  • Poor muscle tone and/or coordination
  • Difficulty telling similar letters or figures apart (Like i & l, d & b, etc.)

 

You can see by the symptoms above how this would be a difficult thing for a children and adults to deal with. Some cases may be severe enough to prove dangerous if they hurt themselves. If you suspect your child has Sensory Processing Disorder, you should get a diagnosis from a professional.

Symptoms can vary from person to person and no two children are the same, so your child may also display different symptoms than the ones listed above. Despite your child’s diagnosis, these interventions can be helpful.

Click here to learn more about Sensory Processing Disorder 

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    Dyscalculia Symptoms

    Many children struggle with learning mathematics in school, but they may reach a point that makes you question if they are struggling more than usual. Dyscalculia is less common than most disabilities, but can cover a wide range of difficulties in math that can lead to great frustration in your child. As your child ages, these symptoms may change as their mathematical curriculum and experience changes. Below is a list of common Dyscalculia symptoms. Click here to read more about Dyscalculia.

     

    Dyscalculia Symptoms

    • Delay in counting
    • Anxiety and negativity towards math
    • Delay in using counting strategies
    • Has trouble sorting things
    • Struggles memorizing simple addition, subtraction, and multiplication facts
    • Difficulty imagining a mental number line
    • Struggles decomposing numbers (realizing that 5 and 5 go into 10)
    • Poor memory when it comes to remembering things with numbers in them (like a phone number)
    • Show less understanding of basic math and counting skills than peers
    • Struggles to understand place value
    • Struggles to realize that numbers can apply to objects and aren’t specific to one object or thing (2 cats, 2 toys, 2 eyes, etc)
    • Avoids playing games that may involve math
    • Difficulty having a fairly accurate sense of time
    • Difficulty connecting numbers to real life situations
    • Difficulty recognizing patterns in sequences or numbers
    • Struggles to memorize math facts
    • Difficulty recognizing number symbols (struggles to understand 9 is also nine)
    • Doesn’t connect math to groups of things
    • As peers advance, the child looses self confidence

     

    Symptoms can vary from person to person and no two children are the same, so your child may also display different symptoms than the ones listed above. Despite your child’s diagnosis, these interventions can be helpful. You should consult a professional if you suspect your child has Dyscalculia. Support and academic assistance is important to ensure your child stays on track with their mathematical studies.

    Click here to read more about Dyscalculia

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      Dysgraphia Symptoms

      Dysgraphia Symptoms, Symptoms of Dysgraphia, Learning DisabilityIf you notice that your child struggles with writing, Dysgraphia may be the reason why. Even holding a writing tool correctly can be difficult and your child may complain of their hand getting tired quickly. Children with Dysgraphia struggle to use their fine motor skills, the small muscles in their hands. Below is a list of Dysgraphia symptoms. Click here to read more about Dysgraphia.

       

      Dysgraphia Symptoms

      • Handwriting is illegible
      • Letter sizes and shapes are irregular
      • Incomplete letters
      • Struggles to communicate through writing
      • Awkward pencil grip
      • Makes spelling mistakes often
      • Says words aloud while writing
      • Avoids writing or drawing
      • Missing or incomplete words in sentences
      • Trouble with grammar and sentence structure
      • Insufficient use of paper lines and spaces
      • Pain in hand or arm while writing
      • Tires easily when writing
      • Wanders outside the lines when coloring
      • Can’t get comfy when writing or drawing
      • Copying or writing is slow
      • Struggles to think and write at the same time
      • Struggles with fine motor skills
      • May have strong verbal and reading skills to compensate
      • Handwriting might be worse when chewing gum

       

      Symptoms can vary from person to person and no two children are the same, so your child may also display different symptoms than the ones listed above. Despite your child’s diagnosis, these interventions can be helpful. You should consult a professional if you suspect your child has Dysgraphia. Difficulty with writing doesn’t need to hold your child back or reduce their self confidence. Seek support and treatment to ensure they are able to succeed and thrive both socially and academically.

      Click here to read more about Dysgraphia

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        Visual Processing Function and Control

        Visual motor skills and reading

        Vision and eyesight are not the same thing. Eyesight is the ability to see something clearly (Known as Visual Acuity 20/20). Eyesight is tested with Eye Charts by pediatricians, schools and at regular optometrist visits.

        Vision, on the other hand, is a skill developed as the child grows. Vision is the brain’s ability to use the images from both eyes to coordinate the images and control eye movements. Because vision is learned after birth and sometimes does not develop properly, it can be stimulated and exercised to correct it. There are several dysfunctions of vision that cause learning disabilities, especially in writing, reading, & math. They are not caught on a normal eyesight checkup, but can be cured. Tests and Exercise pages below.

        Read More …

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        Limitation on Liability

        IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

        THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

        Indemnification

        You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

        Governing Law and Jurisdiction

        All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

        Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

        Arbitration

        At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.  Any such arbitration shall take place in Salt Lake City, Utah.

        Limitation on Time to File Claims

        ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

        Waiver and Severability

        No waiver by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

        If any provision of these Terms of Use 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 of Use will continue in full force and effect.

        Entire Agreement

        The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Solve Learning Disabilities, LLC, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

        Your Comments and Concerns

        The Website is operated by Solve Learning Disabilities, LLC, with a mailing address of PO Box 31, Riverton, Utah 84065.

        All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@solvelearningdisabilities.com.

        Privacy Policy

        Last modified: May 25, 2018

        Introduction

        Solve Learning Disabilities, LLC (“Company” or “We”), respects your privacy and is committed to protecting it through our compliance with this policy.

        This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.solvelearningdisabilities.com (the “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

        This policy applies to information we collect:

        • On the Website.
        • In email, text, and other electronic messages between you and the Website.
        • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

        This policy does not apply to information collected by:

        • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries, if any); or
        • Any third party (including our affiliates and subsidiaries, if any), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

        Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not to use the Website.  By accessing or using the Website, you agree to this privacy policy.  This policy may change from time to time (see Changes to Our Privacy Policy).  Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

         

        Information We Collect About You and How We Collect It

        We collect several types of information from and about users of the Website, including information:

        • By which you may be personally identified, such as name, postal address, e-mail address, or telephone number (“personal information“); and/or
        • About your internet connection, the equipment you use to access the Website and usage details.

        We collect this information:

        • Directly from you when you provide it to us.
        • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
        • From third parties, for example, our business partners.

        Information You Provide to Us.  The information we collect on or through the Website may include:

        • Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, posting material, or requesting further information or products.  We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website.
        • Records and copies of your correspondence (including email addresses), if you contact us.
        • Your responses to surveys that we might ask you to complete for research purposes.
        • Details of transactions you carry out through the Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website.
        • Your search queries on the Website.

        You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.  Please be aware that any security measures we might have in place to protect User Contributions are not perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

        Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

        • Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
        • Information about your computer and internet connection, including your IP address, operating system, and browser type.

        The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we that collect in other ways as provided in this policy or that we receive from third parties.  It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:

        • Estimate our audience size and usage patterns.
        • Store information about your preferences, allowing us to customize the Website according to your individual interests.
        • Speed up your searches.
        • Recognize you when you return to the Website.

        Third-Party Use of Cookies and Other Tracking Technologies.

        Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the website.  The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

        We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About

        How We Use and Disclose Your Information.

        We process and access the data we collect from you. However, we use third parties to assist us with processing your personal data including the following categories of recipients:

        Financial transaction processors (processing your payments)
        Customer service communication platform
        Contest and survey platform
        Email communication manager
        Marketing funnel providers
        Website management services
        Website design and programming services

        How We Use Your Information

        We use information that we collect about you or that you provide to us, including any personal information:

        • To present the Website and its contents to you.
        • To provide you with information or products that you request from us.
        • To fulfill any other purpose for which you provide it.
        • To provide you with notices about your account.
        • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
        • To notify you about changes to the Website or any products we offer or provide through it.
        • To allow you to participate in interactive features on the Website.
        • In any other way we may describe when you provide the information.
        • For any other purpose with your consent.

        We may also use your information to contact you about our own and third-parties’ goods that may be of interest to you.  If you do not want us to use your information in this way, please email us to indicate your preference at support@solvelearningdisabilities.com.  For more information, see Choices About How We Use and Disclose Your Information.

        We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

        Disclosure of Your Information

        We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

        We may disclose personal information that we collect or you provide as described in this privacy policy:

        • To our subsidiaries and affiliates, if any.
        • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
        • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Solve Learning Disabilities, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Solve Learning Disabilities, LLC, about the Website users is among the assets transferred.
        • To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.  For more information, see Choices About How We Use and Disclose Your Information.
        • To fulfill the purpose for which you provide it.
        • For any other purpose disclosed by us when you provide the information.
        • With your consent.

        We may also disclose your personal information:

        • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
        • To enforce or apply our Terms of Use  or Terms of Sale and other agreements, including for billing and collection purposes.
        • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Solve Learning Disabilities, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

        Choices About How We Use and Disclose Your Information

        We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

        • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
        • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can also always opt-out by sending us an email stating your request to support@solvelearningdisabilities.com.
        • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products, you can opt-out by sending us an email stating your request to support@solvelearningdisabilities.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
        • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to support@solvelearningdisabilities.com.

        We do not control third parties’ collection or use of your information to serve interest-based advertising.  However these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

        Children Under the Age of 13

        The Website is not intended for children under 13 years of age.  No one under age 13 may provide any information to or on the Website.  We do not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information on the Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, then we will delete that information.  If you believe we might have any information from or about a child under 13, then please contact us at support@solvelearningdisabilities.com.

        Accessing and Correcting Your Information

        You may send us an email at support@solvelearningdisabilities.com to request access to, correct or delete any personal information that you have provided to us.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

        If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.  Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

        Your California Privacy Rights

        California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to support@solvelearningdisabilities.com.

        Data Security

        We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  Any payment transactions will be encrypted.

        Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

        Changes to Our Privacy Policy

        It is our policy to post any changes we make to our privacy policy on this page.  If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Website home page.  The date the privacy policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes.

        Contact Information

        To ask questions or comment about this privacy policy and our privacy practices, contact us at:

        Address:

        PO Box 31

        Riverton, UT 84065

         

        Email:  support@solvelearningdisabilities.com

        Terms of Sale

        Last Modified March 1, 2018

        1. Applicability.
          • These terms and conditions of sale (these “Terms”), together with the Terms of Use for https://www.solvelearningdisabilities.com (the “Terms of Use”), which are incorporated herein by this reference, govern the sale of the goods (“Goods”) by Solve Learning Disabilities, LLC, a Utah limited liability company (“Seller”), to you (“Buyer”).
          • The confirmation of sale emailed to Buyer following the consummation of the transaction contemplated hereby, these Terms, and the Terms of Use (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter hereof.
        2. Delivery.  The Goods shall be available for digital download within a reasonable period of time after confirmation of Buyer’s payment for the Goods. Seller shall not be liable for any associated delays, nor shall Seller be obligated in any way to provide Buyer with physical copies of the Goods.
        3. No Warranty.
          • SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
          • Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
        4. Limitation of Liability.  IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. The information presented in the Goods are made available solely for general information purposes.  We are not doctors, neurologists, psychologists, or any other type of licensed medical professional.  As such, we do not warrant the accuracy, completeness or usefulness of this information or any portion thereof.  Any reliance you place on such information is strictly at your own risk.  Prior to using any information or material presented in the Goods in any way, you expressly acknowledge, represent, and warrant that you have taken any and all necessary steps to ascertain the appropriate use of any such information, including, without limitation, consulting with your doctor, neurologist, psychologist, or any other appropriate medical professional.  We expressly disclaim all liability and responsibility arising from any reliance placed on the materials or information presented in the Goods, or by anyone who may be informed of any of its contents.
        5. Indemnification.  Buyer shall indemnify, defend and hold Seller, its agents, representatives, officers and employees harmless from and against all claims, suits, judgments, costs, fines, damages, actions of any kind, losses, expenses (including attorneys’ fees) and liabilities arising out of, or in any way related to: (i) Buyer’s or any third party’s use of the Goods, any derivative product, or any product that incorporates the Goods or any portion thereof; or (ii) Buyer’s negligence or willful misconduct.
        6. Waiver. No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller.  No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof.  No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
        7. Governing Law, Jurisdiction and Service of Process.  This Agreement and the rights and obligations of the parties under this Agreement shall be construed in accordance with and governed by the law of the State of Utah, without giving effect to its conflict of law principles.  Each of the parties submits to the exclusive jurisdiction of any state or federal court sitting in Salt Lake City, Utah, in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court.  Each party also agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court.  Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect to any such action or proceeding.
        8. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
        9. Headings and Captions.  The heading and captions of the various subdivisions of this Agreement are for convenience or reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions of this Agreement.