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Terms of Service These Terms of Service (the "Agreement") set forth
the terms and conditions that apply to your use of the web site located at
http://www.autismspeaks.org (the "Site") and the services and materials offered
thereon (the "Service"), including e-mails as further described below, which
are made available to you by Autism Hope Alliance Inc. ("Autism Hope
Alliance"). BY USING THIS SITE, AND ITS SERVICE, YOU AGREE TO THE TERMS OF THIS
AGREEMENT, AND THE PRIVACY POLICY FOR THIS SITE, JUST AS IF YOU HAD SIGNED IT.
If you do not agree to be bound by this Agreement, please discontinue your use
of the Service.
1.
Privacy Policy
Please see our complete Privacy Policy.
2.
Restrictions on Use
The
Service is a computer online service. It is accessible to you through a
personal computer, or other access device at the Site using a communications
connection (such as a modem and telephone or cable line). As part of the
Service, you will be provided with services that may include information,
editorial content, chat rooms, links to other web sites and other computer
services that Autism Hope Alliance may decide to offer, subject to the terms
hereof. Autism Hope Alliance may, in its sole discretion, discontinue or alter
any aspect of the Service, including, but not limited to, (i) restricting the
time of availability, (ii) restricting the availability and/or scope of the
Service for certain platforms (i.e., computer types and operating systems),
(iii) restricting the amount of use permitted, and (iv) restricting or
terminating any user's right to use all or part of the Service, at any time in
Autism Hope Alliance' sole discretion and without prior notice or liability.
You are responsible for all charges (e.g., telephone) associated with
connecting to the Service through an available access number. You are also
responsible for obtaining or providing all telephone access lines, telephone
and computer equipment (including modem), or other access device, necessary to
access the Service. You certify that you are an individual (i.e., not a
corporation).
The
Service is owned and operated by Autism Hope Alliance and contains material
that is derived in whole or in part from material supplied and owned by Autism
Hope Alliance and other sources. Such material is protected by copyright,
trademark, and other applicable laws. Unless otherwise expressly provided, you
may not modify or prepare derivative works based on any material from the
Service ("Material"), including but not limited to code and software, but you
may copy and distribute white papers and other related publications on the Site
provided that such distribution is made with full attribution to Autism Hope
Alliance.
Autism Hope Alliance does not necessarily endorse, support, sanction,
encourage, verify or agree with the comments, opinions or other statements made
public at the Site by visitors through the interactive services available at
the Site. Any information or material sent by visitors through such services,
including advice and opinions, represents the views and is the responsibility
of those visitors and does not necessarily represent the views of Autism Hope
Alliance.
3.
Registration Rules and Guidelines
(a)
Registration
Should Autism Hope Alliance choose to provide
registration-based services, when you register to use these Services, you will
be required to provide certain information about yourself. You agree to provide
true, accurate and complete information about yourself, and to update this
information when it changes. If you provide any information that is untrue or
inaccurate, not current, or incomplete, or if Autism Hope Alliance suspects
that your information is untrue or inaccurate, not current, or incomplete,
Autism Hope Alliance may, in its sole discretion, suspend or terminate your
membership and refuse current or future access to the Service. Any personal
information supplied hereunder will be subject to the terms of our privacy
policy.
(b)
Passwords
Should Autism Hope Alliance provide to you a password that
allows you to access certain parts of the Service, you will be solely
responsible for maintaining the confidentiality of the password and your
account information, and are fully responsible for all activities that occur
under your password or account. You agree that you will immediately notify
Autism Hope Alliance of any unauthorized use of your password or account, or
any other breach of security, and that you will log off of the Service at the
end of each session to prevent fraud on your account by third parties.
(c)
General
Autism Hope Alliance may choose to send you e-mails on a
variety of topics - for example, informing you of information, letting you know
of problems with the site or with services offered by Autism Hope Alliance, or
presenting you with the opportunity to make donations or participate in
fund-raising events or buy selected products and services. You may elect during
registration to receive these e-mails, and you may stop receiving such e-mails
at any time by sending an e-mail to unsubscribe@autismhopealliance.org.
(d)
Rules for Use of the Service
(1)
Conduct Required for Use of the Service
It
is a condition of your use of the Service that you do not: (i) restrict or
inhibit any other user from using and enjoying the Service; (ii) post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including
without limitation, any images or other material depicting nudity as herein
defined; (iii) post or transmit comments containing harassing or offensive
language, or engage in disruptive activities online; (iv) post or transmit any
information, software or other material that is fraudulent or violates or
infringes the rights of others, including material that violates privacy or
publicity rights, or infringes copyright, trademark or other proprietary
rights, without first obtaining permission from the owner or right holder; (v)
post or transmit any information, software or other material that contains a
virus or other harmful component; (vi) post or transmit content that encourages
or provides instructional activities about illegal activities, in particular
hacking, cracking or other unauthorized post; (vii) post, transmit or in any
way exploit any information, software or other material for commercial purposes
or that contains advertising, "junk mail," "spam," or "chain letters"; (viii)
solicit other users to join, become members of, or contribute money to any
online service or other organization, advocate or attempt to get users to join
in legal or illegal schemes or plan or participate in scams involving other
users; (ix) impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or entity;
(x) resell, redistribute, broadcast or transfer the information or use the
information derived from the Service in a searchable, machine-readable
database; (xi) use the Service to collect personally identifying information
about users of the Service in violation of our Privacy Policy; (xii) disguise a
file type to thwart Autism Hope Alliance's detection processes; (xiii) post or
transmit any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law; or (xiv) attempt to
gain unauthorized access to other computer systems or networks connected to the
Service. You agree that you will not use the Service, including the information
provided therein and all related equipment, networks and network devices
(specifically including Internet access) for any unlawful purpose. Autism Hope
Alliance, at its sole and absolute discretion, shall determine whether any
information transmitted or received violates this provision. You may not use
any Material in connection with any site or other use that contains or is
associated with information or content prohibited by this section.
(2)
Monitoring
Autism Hope Alliance has no obligation to monitor the use of the
Service by members. You acknowledge and agree that Autism Hope Alliance
reserves the right to, and may from time to time, monitor any and all
information transmitted or received through the Service for operational and
other purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with our Privacy Policy.
Use of the Service constitutes consent to such monitoring. Furthermore, Autism
Hope Alliance reserves the right at all times to disclose any information
posted on any portion of the Service as necessary to satisfy any law,
regulation or governmental request, or to refuse to post, or to remove, any
information or materials, in whole or in part, that in Autism Hope Alliance'
sole and absolute discretion are objectionable or in violation of this
Agreement.
4.
Disclaimer of Warranties
AUTISM HOPE ALLIANCE MAY PROVIDE ACCESS TO INFORMATION OR RESOURCES
RELATED TO THE CAUSES, DIAGNOSIS, OR TREATMENT OF AUTISM. SUCH MATERIAL IS
PROVIDED FOR YOUR REFERENCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR AN
ENDORSEMENT OF ANY CLINICAL OR THERAPEUTIC METHOD, TREATMENT, SERVICE OR
ORGANIZATION. AUTISM HOPE ALLIANCE IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED
BY OR THE SERVICES RENDERED BY ANY THIRD PARTY THAT IS REFERENCED OR TO WHICH
ACCESS MAY BE PROVIDED VIA THE SERVICE. AUTISM HOPE ALLIANCE HAS PROVIDED LINKS
AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE.
AUTISM HOPE ALLIANCE DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE
MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE
THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, AUTISM HOPE ALLIANCE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND
WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. AUTISM
HOPE ALLIANCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS
AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE
AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE,
INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES
THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTISM HOPE
ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE
RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES OR
THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of
errors and/or omissions in the Service, including the transmission or
translation of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements for the accuracy
and suitability of the Service, including the information, and for maintaining
any means that you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the information provided hereunder. You
acknowledge and agree that your use of the Service, and any information sent or
received in connection therewith, may not be secure and may be intercepted by
unauthorized parties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED BY LAW,
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
5.
Limitation of Liability
IN
NO EVENT SHALL AUTISM HOPE ALLIANCE BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY
TO USE THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTISM HOPE
ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT AUTISM HOPE ALLIANCE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6.
Indemnification
You
agree to defend, indemnify and hold harmless Autism Hope Alliance and its
directors, officers, employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys fees) arising out
of or accruing from (a) any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made by you in
connection with your use of the Service; (c) any non-compliance by you with the
terms and conditions of this Agreement; and (d) claims brought by persons or
entities other than the parties to this Agreement arising from or related to
your access and use of the Service, including the information obtained through
the Service
7.
Termination
Autism Hope Alliance may, in its sole discretion, terminate your
password, account (or any part thereof) or use of the Service, or remove and
discard any communication transmitted by you, or information stored, sent, or
received via the Service without prior notice and for any reason, including,
but not limited to: (i) concurrent access of the Service with identical user
identification numbers, (ii) permitting another person or entity to use your
user identification number to access the Service, (iii) any other access or use
of the Service except as expressly provided in this Agreement, (iv) any
violation of the terms and conditions of this Agreement or the rules and
regulations relating to the use of, the software and/or data files contained
in, or accessed through, the Service, (v) tampering with or alteration of any
of the software and/or data files contained in, or accessed through, the
Service, or (vi) failure to use the Service or portion thereof on a regular
basis. You may terminate your registration hereunder upon thirty (30) days
written notice by you to Autism Hope Alliance of your intent to terminate this
Agreement. Termination, suspension, or cancellation of this Agreement or your
access rights shall not affect any right or relief to which Autism Hope
Alliance may be entitled, at law or in equity. Upon termination of this
Agreement, all rights granted to you will automatically terminate and
immediately revert to Autism Hope Alliance and its licensors.
8.
Modification
Autism Hope Alliance reserves the right, in its sole discretion, to
amend this Agreement, and to modify, add or discontinue any aspect, content, or
feature of the Service. Such amendments, modifications, additions or deletions
shall become effective upon notice thereof, which may be provided to you by
posting on the Service, via e-mail or any other reasonable means. Continued use
of the Service by you shall constitute your binding acceptance of any such
amendments, modifications, additions or deletions.
9.
Miscellaneous
This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida without giving effect to any principles of
conflicts of law. This Agreement is personal between you and us, and no one
shall be a third party beneficiary to this Agreement. Although you acknowledge
that we will have the ability to enforce our rights in any court of competent
jurisdiction, you hereby consent to the exclusive jurisdiction and venue of
courts in Port Charlotte, Florida, U.S.A., regarding any and all disputes
relating to this Agreement or your use of the Service. You acknowledge and
agree that the warranty disclaimers and liability and remedy limitations in
this Agreement are material terms of this Agreement and that they have been
taken into account in the decision by Autism Hope Alliance to provide the
Service hereunder. You may not assign any of your rights, obligations or
privileges hereunder without the prior, written consent of Autism Hope
Alliance. Any assignment of the foregoing other than as provided for in this
section shall be null and void. If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement, shall be enforced to the fullest extent
allowed by law as to effect the intention of the parties, and shall not affect
the validity and enforceability of any remaining provisions. This Agreement and
any posted operating rules constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether oral or written, between
the parties with respect to such subject matter. No waiver of any provision or
any right granted hereunder will be effective unless set forth in a written
instrument signed by the waiving party. No waiver by either party of any breach
or default hereunder shall be deemed a waiver of any subsequent breach or
default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit
for any commercial purposes, any portion of the Service or access to the
Service. The titles and subtitles used in this Agreement are used for
convenience only and are not to be considered in construing or interpreting
this Agreement. |
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