About this Agreement
Please read these Terms of Agreement completely. This agreement documents the legally binding terms attached to the use of the website at Theoryofmindinventory.com. By accessing and using this website, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. If you do not agree with the terms of this Agreement, please do not use the Theoryofmindinventory.com website.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY Theory of Mind Inventory LLC at THEIR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on or through this site. Except as stated elsewhere or as required by law, court order, or otherwise (in which case, all amended terms shall be effective immediately and your continued use of the Theoryofmindinventory.com website signifies and will be deemed your assent to and acceptance of the revised Agreement), all amended terms shall automatically be effective thirty (30) days after they are initially posted. When the Agreement is amended, every reasonable effort will be made to provide you with general, not specific, notice of such changes by posting an announcement on the Theoryofmindinventory.com site, and/or notifying you through electronic mail/delivery. Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment. If you do not agree with the amended terms and, accordingly, the Agreement, please do not use the Theoryofmindinvenory.com website any further. We suggest that you regularly check this site to view the then-current Agreement.
Description of Products and Services
Your purchase allows you access to the Theoryofmindinventory.com website and associated electronic (PDF) documents (e.g., manuscripts, Technical Manuals, the Theory of Mind Inventory-2). Purchase also allows you access to HIPAA compliant electronic administration of the Theory of Mind Inventory-2 with automatic scoring and report generation.
Access to the Theoryofmindinventory.com website and all of its content and administration and scoring features are available on an annual subscription basis: the purchase price (which may be adjusted over time) includes a one year subscription OR a pre-specified number (number depends on the package) of Theory of Mind Inventory-2 report generations WHICHEVER OCCURS FIRST. Information regarding the length of time and number of report generations remaining on a subscription are available to each user via the user dashboard.
All the materials we create and share are protected by copyright, which means that Theory of Mind Inventory LLC has exclusive rights in relation to these materials. Others cannot exercise any of these rights unless Theory of Mind Inventory LLC gives them permission to do so.
- Rights conveyed to educators and clinicians. Theory of Mind Inventory LLC does give educators, clinicians and parents the right to use our materials, and adapt them as needed, when working 1:1 with students within your own clinic, classroom, school or home. You don’t need to contact us for permission to use our materials in this way.
- Some uses may require prior written permission or licensing, such as translations into other languages, for in-classroom/in-clinic use, or other such instances where the original content is modified in any way and/or shared beyond the walls of your classroom/school/clinic.
Using The Theory of Mind Task Battery: Permission is granted to therapists, educators, and other individual professionals to copy and use the Theory of Mind Task Battery assessment tool for their own direct assessment, when working 1:1, or in small groups. This permission to share our materials does not extend school-wide or organization-wide because one individual or the organization buys a single copy of the book and wants the materials copied and used by all to circumvent buying more copies. It is prohibited for an individual, school, clinic, or company to copy and/or post the Theory of Mind Task Battery on a company, school or clinic’s website, intranet, or shared network or to copy and sell the Theory of Mind Task Battery to someone else, in any format.
This site and its components are offered for assessment and informational purposes only. This site shall not be responsible or liable for any adverse or undesirable consequences resulting from the use of this website including the administration of tests, the interpretation of data, and any and all research and clinical practice applications. In no event shall any Theory of Mind Inventory LLC member, party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not Theory of Mind Inventory LLC is advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of Theory of Mind Inventory LLC for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by Theory of Mind Inventory LLC to you under this agreement. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Theory of Mind Inventory LLC shall be limited to the fullest extent permitted by such jurisdiction.
Who we are
We are Theory of Mind Inventory (TOMI). Our website address is: https://www.theoryofmindinventory.com/.
Effective date: May 23, 2018
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our website and the choices you have associated with that data.
We use your data to provide and improve the website. By using the website, you agree to the collection and use of information in accordance with this policy.
Service is the https://www.theoryofmindinventory.com/ website operated by Theory of Mind Inventory
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
- Credit Card Data
We may use your Personal Data to process a transaction, contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. We do this using Mailchimp and WooCommerce. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Use of Data
Theory of Mind Inventory uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To fulfill an order placed through our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Theory of Mind Inventory may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- To comply with the law
Retention of Data
Theory of Mind Inventory will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to, and maintained, on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Theory of Mind Inventory may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Theory of Mind Inventory may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Theory of Mind Inventory
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Theory of Mind Inventory aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Theory of Mind Inventory relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics and Marketing
We may use third-party Service Providers to monitor and analyze the use of our Service, as well as contact you directly via email related to our Service
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Theory of Mind Inventory will use the information you provide on our newsletter sign up forms to send you between one and two newsletters per month to inform you about [?]. We never share your information with anyone and you can unsubscribe whenever you like by clicking the unsubscribe link in the footer of any email you receive from us or by contacting us at [?]. To optimize our newsletter we track opens and clicks by the recipients of this newsletter. We use MailChimp as our newsletter platform and the information you provide will be transferred to them for processing and storage. By submitting newsletter sign up forms, you agree that we may process your information in accordance with these terms. You will receive a separate email to confirm your subscription.
We collect information about you during the checkout process on our store.
What we collect and store
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them.
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for [?] years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
- Order information like what was purchased, when it was purchased and where it should be sent, and
- Customer information like your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfill orders, process refunds and support you.
Payments using Stripe
What we share with others
We share information with third parties who help us provide our orders and store services to you; for example — Google Analytics, MailChimp, and Stripe
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, or respond to a survey. We DO NOT collect data for ToMI-2 results or report generations. Nor do we collect any client data in any form.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
- Help remember and process the items in the shopping cart.
- Understand and save user’s preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies, some features will be disabled. It will turn off some of the features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Users are able to change their personal information:
- By logging in to their account
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in-site notification
- Within 7 business days
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
- NOT use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
By email: Tiffany.email@example.com or Pete@Burlingtonbytes.com
By phone number: 802-425-5655 (USA)
Ultimately, users (you) are responsible for all activities that occur under the account, including, but not limited to, account and password management. You are also responsible for maintaining the privacy and security of your network settings and systems to ensure that all sensitive or confidential information originating from your systems is properly transmitted and handled.
Users of the Theory of Mind Inventory-2 website have the option of sending an invitation to a caregiver who can complete the ToMI-2 entirely online. This web-based administration feature is entirely HIPAA-compliant. At no time are personal identifiers (e.g., electronic identifiers such as email address and urls) linked to administration, scoring, or report generation. Only the unique client identifier that the professional enters into the “Unique Client Identifier” field will be linked to the record. In other words, all ToMI-2 records are structurally HIPAA-compliant but will not be HIPAA-compliant if the professional who initiates administration of the tool injects personal health information (PHI) into the record during administration. Moreover, although web-based administration and report generation are HIPAA-compliant in that the system never links PHI to a record, there is always the possibility that your personal computer may be hacked by a third-party in which case PHI may be vulnerable. In such cases, Theory of Mind Inventory LLC assumes no responsibility and no liability for this breach of information.
Stripe Connected Account Agreement
Availability of Services, Suspension, and Termination
Subject to the terms and conditions of this Agreement and Theory of Mind Inventory LLC’s policies and procedures, Theory of Mind Inventory LCC shall use commercially reasonable efforts to provide the theoryofmindinventory.com platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of Theory of Mind Inventory LCC or that are reasonably unforeseeable by Theory of Mind Inventory LCC including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Theory of Mind Inventory is not liable for interruptions to the availability of the Platform and further acknowledge that Theory of Mind Inventory LLC does not guarantee access to the platform on a continuous and uninterrupted basis.
Theory of Mind Inventory LCC, in its sole discretion, may suspend or terminate your account(s), or retain any or all funds in your balance, if Theory of Mind Inventory LLC suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Theory of Mind Inventory LLC at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, or your account becomes dormant and/or has a negative balance, Theory of Mind Inventory LLC will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the platform.
Due to the nature of digital and subscription goods, when a buyer requests a refund for a digital good, the buyer may retain a copy of the good and, in many cases, will already have received a benefit from the good prior to issuance of the refund. As such, requests to Theory of Mind Inventory LLC for refunds are generally denied. However, Theory of Mind Inventory LLC in its sole and absolute discretion, may issue a refund or partial refund for such good. To request a refund or partial refund, please send an email to Tiffany.Hutchins@med.uvm.edu that provides answers to the following questions: 1) the reason for the refund, 2) the number of ToMI-2 report generations initiated and/or completed and, 3) specify the package purchased and whether or not you have downloaded the Theory of Mind Task Battery.
THEORY OF MIND INVENTORY LLC MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
Technical problems involving the availability or functionality of documents and tool administration and scoring features should be promptly reported to firstname.lastname@example.org and email@example.com
User Qualifications and Assurances
The use and interpretation of the Theory of Mind Inventory and Theory of Mind Task Battery require graduate training in standardized assessment procedures at least the master’s degree level or equivalent (level C) or training at the undergraduate level (bachelor’s degree) in the health sciences, social sciences, or related fields and research or clinical experience in the administration of tests and measures. In addition, to be considered qualified, all users must possess thorough knowledge of the relevant test manuals. Eligibility to purchase the documents and services provided at Theoryofmindinventory.com also require adherence to the following four conditions:
- I will strictly abide by copyright laws and will not reproduce or alter copyrighted and trademarked materials or represent any copyrighted or trademarked materials as my own.
- I will administer and score assessment tools precisely according to instructions.
- I will maintain the confidentiality of all assessment results.
- I will release results only in conformity with professional standards for clinical assessment.