1. Acceptance of Terms

By accessing or using the OMNIA Skill and Behavior Assessment and related materials (collectively, the “OMNIA Service” or “Service”), you agree to be bound by these Terms of Use (the “Terms”). If you do not agree, do not use the Service.

If you use the Service on behalf of an organization (e.g., a school, clinic, or agency), you represent that you have authority to bind that organization, and “you” includes that organization and its authorized personnel.

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2. Description of the Service

The OMNIA Service includes:
    •    A web-based scoring and report-generation experience (including delivery via embedded frames/iFrames on a website); and
    •    Downloadable materials such as PDF versions of the assessment and supporting information (e.g., about pages, norm data, psychometric properties, and related resources) made available through the OMNIA website.

No account is required. The Service is provided free of charge.

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3. Ownership and Intellectual Property

The Service and all associated content and materials—including assessment items, scoring frameworks, rubrics, norm data, report formats/templates, manuals, PDFs, and other documentation (the “Materials”)—are owned by Emergent Learning Press and are protected by copyright, trademark, and other intellectual property laws.

All rights not expressly granted to you in these Terms are reserved by Emergent Learning Press.

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4. Limited License and Permitted Uses

Subject to your compliance with these Terms, Emergent Learning Press grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service only for the following purposes:

• Clinical/educational assessment. Administering the assessment to learners to evaluate skills and behaviors in clinical, educational, or therapeutic settings.

• Intervention planning. Using results to inform individualized programming, intervention plans, treatment goals, and educational supports.

• Care-team communication. Sharing and discussing results and reports with appropriate individuals involved in the learner’s care or education (e.g., BCBAs, educators, clinical supervisors, caregivers), consistent with applicable law and professional ethics.

• Copies necessary for Permitted Uses

You may print, save, and reproduce only the minimum portions of the Materials reasonably necessary to carry out the Permitted Uses (including saving/printing generated reports), provided you do not distribute Materials except as expressly allowed in these Terms.

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5. Prohibited Uses

Unless you have prior written authorization from Emergent Learning Press, you may not:

• Redistribute, publish, or post Materials. Copy, republish, upload, publicly post, distribute, or otherwise make the assessment items, scoring rules, rubrics, norm data, or other proprietary Materials available to third parties (whether free or paid), in any format or language.

• Resell or sublicense. Sell, rent, lease, sublicense, or commercially exploit the Service or Materials.

• Create derivative or competing works. Use the Service, Materials, or outputs to develop competing products, derivative assessments, training products for sale, or other commercial offerings beyond the Permitted Uses.

• Research use without permission. Use the Service or Materials for academic research, validation studies, publication, program evaluation research, or data-collection studies without written permission.

• Reverse engineer or misuse. Decompile, disassemble, reverse engineer, attempt to extract source code or scoring logic, scrape content, or use automated tools/bots to access or copy Materials.

• Remove notices or misrepresent. Remove copyright notices or represent the Service/Materials as your own or as originating from any entity other than Emergent Learning Press.

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6. Privacy and Data Handling

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy is available at: https://www.abaomnia.com/privacy-policy.

You are responsible for how you handle and store any reports you download, including ensuring compliance with your organization’s policies and any applicable privacy laws or professional obligations.

Time-limited report delivery. Report downloads may be provided through time-limited access (for example, links that expire after a short period). You are responsible for downloading and saving your report during the availability window. Emergent Learning Press is not responsible if a report is not downloaded before expiration and cannot be recovered.

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7. Qualifications and Professional Responsibility

The Service is designed for use by qualified professionals with appropriate training in behavioral assessment (e.g., BCBAs, licensed clinicians, qualified educators), and may also be used by parents and caregivers for general informational purposes and to support collaboration with the learner’s care team.

If you are not a qualified professional, you acknowledge and agree that:

• The Service and any outputs are not medical, clinical, educational, or legal advice and are not a diagnosis;

• You will not use the Service or any results as the sole basis for decisions affecting a learner; and

• You will seek guidance from appropriately qualified professionals when making clinical, educational, or therapeutic decisions.

You are solely responsible for:

• Proper administration and interpretation consistent with professional standards and applicable laws (where relevant);Any decisions or actions taken based on results; and

• Appropriate storage, sharing, and safeguarding of downloaded reports and any learner-related information you generate or maintain.

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8. Disclaimer of Warranties

THE SERVICE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EMERGENT LEARNING PRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.

The Service is intended to be one component of a comprehensive evaluation and should not be used as the sole basis for clinical, educational, medical, or legal decisions.

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9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMERGENT LEARNING PRESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR MATERIALS.

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10. Suspension, Termination, and Enforcement

Emergent Learning Press may suspend or terminate access to the Service at any time if we reasonably believe you have violated these Terms or misused the Service.

Unauthorized use may result in enforcement actions to protect Emergent Learning Press’s intellectual property and other rights.

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11. Updates and Changes

Changes to the Service and Materials

Emergent Learning Press may modify, update, or discontinue any part of the Service or Materials at any time.

Changes to these Terms

We may update these Terms from time to time by posting an updated version and revising the “Last Updated” date above. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

Current version applies. The most current version of the Service and Materials provided through the OMNIA website is the version in effect, regardless of when you previously accessed or used the Service.

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12. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Illinois, and you consent to the personal jurisdiction of those courts.

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13. Miscellaneous

• Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

• No waiver. Failure to enforce any provision is not a waiver.

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Emergent Learning Press regarding the Service.

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Contact

For questions about these Terms or permitted uses, contact:

Emergent Learning Press
Email: info@emergentlearningpress.com
Website: https://www.emergentlp.com