TERMS OF USE

Effective Date: June 17, 2026

IMPORTANT — READ CAREFULLY. THESE TERMS OF USE CONTAIN A BINDING AGREEMENT TO ARBITRATE DISPUTES, A CLASS ACTION WAIVER, LIMITATIONS ON LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE.

1. About These Terms

Welcome to Mastering Dysphagia, an educational website owned and operated by Poppy McMasters LLC (“Mastering Dysphagia,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your (“you,” “student,” or “user”) access to and use of www.masteringdysphagia.com (the “Website” or “Portal”) and all information, videos, modules, lessons, quizzes, downloads, and other materials available through it (the “Content”). These Terms incorporate by reference our Disclaimers and Privacy Policy.

2. Acceptance of Terms

By creating an account, clicking an “I Agree” button or checkbox, or otherwise accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Website. We may require you to re-affirm acceptance after any material change to these Terms.

3. Purpose of Mastering Dysphagia

Mastering Dysphagia is an educational orientation platform designed to support graduate students in speech-language pathology (“SLP”) programs preparing to enter medical practicum placements. The Website and Content are for educational and informational purposes only and are intended solely for this audience.

4. Eligibility and Permitted Users

4.1 Eligibility. The Website is made available only to individuals who:

(a) are at least eighteen (18) years of age;

(b) are currently enrolled in an accredited graduate-level speech-language pathology program; and

4.2 Representations and Warranties. Each time you access the Website, you represent and warrant that you satisfy the requirements of Section 4.1 and that all information you provide in connection with your account is true, accurate, current, and complete. You further acknowledge that we rely on these representations in granting you access, and that any misrepresentation constitutes a material breach of these Terms.

4.3 Prohibited Users. The Website is not intended for, and access is expressly prohibited to:

(a) licensed speech-language pathologists, audiologists, physicians, nurses, or other practicing clinicians;

(b) instructors, professors, faculty members, supervisors, preceptors, clinical educators, or any other persons acting in an instructional, supervisory, or training capacity;

(c) universities, colleges, academic departments, training programs, continuing education providers, hospitals, clinics, or other institutions;

(d) competitors, and any entity or person developing, operating, marketing, or contributing to a competing educational product, course, or platform;

(e) researchers, content aggregators, scrapers, and operators or developers of artificial intelligence, machine learning, or large language model systems; and

(f) any person located in a jurisdiction in which access to the Website is prohibited by law.

Use of the Website by any prohibited user is strictly forbidden, is a material breach of these Terms, and will result in immediate termination of access and entitle Mastering Dysphagia to all remedies available at law and in equity.

5. Intellectual Property Rights

5.1 Ownership. All Content—including, without limitation, text, visuals, photographs, illustrations, videos, audio, graphics, modules, lessons, quizzes, assessments, downloadable resources, the selection and arrangement of the Content, the “Mastering Dysphagia” name and logo, and the look and feel of the Website—is owned by Poppy McMasters LLC or its licensors, and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. The Content represents a substantial investment of time, expertise, and resources and constitutes valuable and proprietary intellectual property that must be protected from unauthorized use.

5.2 No Transfer of Rights. Nothing in these Terms transfers any ownership or intellectual property rights in the Content to you. All rights not expressly granted are reserved.

6. Limited License and Prohibited Uses

6.1 License Grant. Subject to your continuing compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Content solely for your own personal, non-commercial educational use during the period of your active account. You may download or print one (1) copy of resources that are clearly designated as downloadable, solely for your personal educational use, provided that all copyright, trademark, and proprietary notices remain intact and full attribution to Mastering Dysphagia is maintained.

6.2 Prohibited Uses. You agree that you will NOT, directly or indirectly, and will not permit any other person to, at any time:

(a) copy, reproduce, duplicate, publish, republish, distribute, transmit, broadcast, upload, download (other than as permitted in Section 6.1), or otherwise make available the Content;

(b) screenshot, screen-record, photograph, film, or otherwise capture any portion of the Website or its Content;

(d) modify, adapt, translate, create derivative works of, or otherwise build upon the Content or Website;

(e) remove, alter, or obscure any copyright, trademark, attribution, or other proprietary notice;

(f) represent, hold out, or permit the representation of the Website or any Content as your own work, content, or property;

(g) use the Website or Content for any institutional, instructional, supervisory, professional, clinical, research, or commercial purpose, including use by or on behalf of any university, college, academic department, training program, employer, clinic, hospital, or other institution;

(h) use the Website or Content to develop, train, improve, fine-tune, evaluate, or benchmark any artificial intelligence, machine learning, large language model, or other automated system, or to create any dataset for any of the foregoing purposes;

(i) scrape, crawl, data-mine, harvest, aggregate, index, or systematically retrieve Content by any manual, automated, or algorithmic means;

(j) reverse-engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of the Website;

(k) bypass, disable, interfere with, or attempt to circumvent any security, authentication, digital rights management, or access-control feature of the Website;

(l) share, transfer, or permit the use of your account credentials by any other person;

(m) use the Website or Content in any manner that violates any applicable law or the rights of any third party; or

(n) attempt, facilitate, or encourage any of the foregoing.

6.3 Restricted Purposes. Use of the Website or Content for any purpose not expressly permitted by Section 6.1, including any use identified in Section 6.2, requires prior written permission from Mastering Dysphagia, which may be granted or withheld at our sole discretion and on such terms as we may specify.

6.4 Remedies for IP Breach. You acknowledge that any breach or threatened breach of Sections 4, 5, or 6 will cause Mastering Dysphagia immediate and irreparable harm for which monetary damages would be inadequate. Accordingly, in addition to any other remedies available at law or in equity, Mastering Dysphagia is entitled to seek and obtain temporary, preliminary, and permanent injunctive relief and specific performance from any court of competent jurisdiction, without the necessity of posting a bond or other security and without the requirement to exhaust any dispute-resolution procedure otherwise set forth in these Terms. You further agree to reimburse Mastering Dysphagia for all reasonable attorneys’ fees and costs incurred in enforcing Sections 4, 5, or 6.

7. User Accounts

7.1 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at [email protected] of any unauthorized access to or use of your account.

7.2 Account Sharing Prohibited. Sharing or permitting another person to use your account credentials is strictly prohibited and is grounds for immediate termination.

7.3 Suspension and Termination. We may suspend or terminate your account and access to the Website at any time, with or without notice, for any reason or no reason, including any actual or suspected violation of these Terms.

8. Third-Party Links

The Website may contain links to third-party websites or resources for reference purposes. We do not control, endorse, or assume responsibility for the content, accuracy, practices, or privacy policies of any third-party website. You access third-party websites at your own risk and are encouraged to review their terms and policies.

9. Disclaimers

Your use of the Website and Content is subject to the Disclaimers, which are incorporated by reference. Without limiting the foregoing:

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POPPY MCMASTERS LLC, MASTERING DYSPHAGIA, OR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SUCCESSORS (THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR THEIR OWN NEGLIGENCE OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOST GOODWILL, PERSONAL INJURY, OR CLINICAL HARM TO PATIENTS, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your access to or use of the Website or Content; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content or information you submit to the Website.

12. Termination; Survival

We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including any violation of these Terms. Upon termination, the license granted in Section 6.1 will immediately cease, and you must stop all use of the Content and destroy any copies in your possession. Sections 5, 6.2, 6.4, 10, 11, 12, 14, 15, and 16 survive termination.

13. Governing Law; Dispute Resolution

13.1 Governing Law. These Terms, and any dispute arising out of or relating to them, the Website, or the Content, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution. Before initiating any formal dispute, you and Mastering Dysphagia agree to attempt to resolve the dispute informally by contacting the other in writing at [email protected] and negotiating in good faith for at least sixty (60) days.

13.3 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Content that is not resolved under Section 13.2 will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The arbitration will be conducted by a single arbitrator in Dallas County, Texas, or, at your election, by telephone or video conference. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section 13.3.

13.4 Class Action Waiver.

YOU AND MASTERING DYSPHAGIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Exceptions to Arbitration. Notwithstanding Section 13.3, either party may (a) seek temporary, preliminary, or permanent injunctive or other equitable relief for claims arising out of or relating to the protection of intellectual property rights, the obligations in Sections 4, 5, or 6, or unauthorized access to the Website, in any court of competent jurisdiction sitting in Dallas County, Texas; and (b) bring a claim for individual relief in small-claims court if the claim qualifies. You and Mastering Dysphagia consent to the personal jurisdiction of, and venue in, the state and federal courts located in Dallas County, Texas for these purposes and waive any objection to such jurisdiction or venue.

13.6 Opt-Out. You may opt out of the arbitration and class-action-waiver provisions in Sections 13.3 and 13.4 by sending written notice of your decision to opt out to [email protected] within thirty (30) days after first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out. If you opt out, Section 13.5 governs the forum for all disputes.

14. Time Limit on Claims

Any cause of action or claim you may have arising out of or relating to these Terms, the Website, or the Content must be commenced within one (1) year after the cause of action accrues; otherwise, the cause of action or claim is permanently barred, except and only to the extent applicable law requires a longer limitations period.

15. General

15.1 Entire Agreement. These Terms, together with the Disclaimers and Privacy Policy, constitute the entire agreement between you and Mastering Dysphagia regarding the Website and Content and supersede all prior or contemporaneous communications.

15.2 Changes to Terms. We may update these Terms from time to time by posting the revised Terms on the Website and updating the Effective Date. Continued use of the Website after posting constitutes acceptance of the revised Terms. If a change is material, we will use reasonable efforts to provide notice (for example, by email to the address on your account).

15.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if not possible, severed, and the remaining provisions will remain in full force and effect.

15.4 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

15.5 Assignment. You may not assign, delegate, or transfer these Terms or any of your rights or obligations without our prior written consent, and any attempted assignment without such consent is void. We may freely assign these Terms.

15.6 Electronic Communications. You consent to receive communications from us in electronic form. Electronic communications satisfy any legal requirement that such communications be in writing.

15.7 Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, acts of government, labor disputes, internet or power outages, or failures of third-party providers.

15.8 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and Mastering Dysphagia.

15.9 Headings. Headings are for convenience only and do not affect interpretation.

15.10 Notices and DMCA. Notices to us, including copyright-infringement notifications under the Digital Millennium Copyright Act, should be directed to:

Poppy McMasters LLC

Attn: Copyright Agent / Legal

3715 Villanova Street

Dallas, TX 75225

Email: [email protected]

16. Contact

Questions regarding these Terms may be directed to [email protected].