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Terms of Use

 

Terms of Use Agreement

Last Update: November 21, 2009.

PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

Autism International Association, Inc. operates this website AutismOne.org, which includes an autism-oriented social networking service that allows members to create unique personal profiles online in order to find and communicate with others.

This Terms of Use Agreement sets forth the standards of use of this website. By using this site you agree to these terms and conditions. You can access this site as a visitor (which means that you simply browse the site) or else as a member (which means you have registered with us).  

You should read these terms carefully. If you do not agree to them you should leave this website immediately and, if a member, terminate your membership and cease all usage of this website. If you are age 18 or younger you may use this website but only under the supervision of your parents or legal guardian. Both you and your parents agree to abide by these Terms. Your parents or legal guardian shall be responsible for all of your actions in using this site.

We may modify this Agreement from time to time and such modification shall be effective upon posting by us on this site.  Your continued use of our services after we post a revised Agreement signifies your acceptance of the revised Agreement.  It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

DEFINITIONS

Autism International Association, Inc (a non-profit California corporation) is the exclusive owner and operator of this website AutismOne.org.

The following define specific terminology as used in this Agreement.

“Our Website” and “This Website” refer specifically to the website AutismOne.org.

 “Service(s)” refers to information, products and services provided in pages of This Website.

"We" and "Us" means Autism International Association, Inc or any successor or assignee.

A “Member” is a person who has registered through our online registration process thereby providing him/her access to certain services not available to non-members. Permission of the parents or legal guardian is required for any person age 18 or under is required for any such person to register.

A “Visitor” is any user of This Website who has not registered as a Member.

A “User” is any person, Member or Visitor, who logs on to This Website.

“You” and “Your” refers to the user of This Website, whether a registered member or a non-registered visitor. As such You are granted the right to use This Website and its related services to the extent permitted respectively to Members and Visitors by respecting the applicable Terms of Use described in detail below. If you are age 18 or under “You” and “Your” is expanded to include you as well as your parents/legal guardian.

TERMS

1.    Modifications to this Agreement
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Modifications shall become effective immediately upon being posted by us.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Therefore you should review this Agreement periodically to ensure you are updated as to any changes. Except as provided in this paragraph, this Agreement may not be amended.

2.    Restriction/Termination of Service.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other information entered by You, and to deny, restrict, suspend, or to terminate Your access to all or any part of the Our Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

3.    Fees
You acknowledge that We reserve the right to charge for any portion of the Our Services and to change its fees (if any) from time to time at our discretion.  You will not be entitled to a refund of any unused portion of fees or payments (if any) in the event We terminate your membership because you have breached this Agreement.

4.    Disclaimer of Warranties.
4.1    The Services of this site are provided by Us on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, We make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  
4.2    Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Us.  When You access these third party sites, you do so at your own risk.  
4.3    We take no responsibility for third party advertisements or third party applications that are posted on or through Our Services, nor do We take any responsibility for the goods or services provided by Our advertisers.
4.4    We shall have no liability for any interruptions in the use of this website.  We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  
4.5    We shall not be liable for any damages whatsoever, and in particular we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if We have been advised of the possibility of such damages.
4.6    We operate This Website based on a strict Code of Conduct (see Section 9 of this Agreement) and endeavor to ensure that all posted content does not violate our Code. However, we assume no responsibility for monitoring The Services for inappropriate content or conduct.  If at any time We choose, in our sole discretion, to monitor the Services, We nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

5.    Indemnification
You agree to indemnify and hold Us, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Service, the violation of this Agreement, or infringement by You, or other user of the Service using Your computer, of any intellectual property or any other right of any person or entity.

6.    Members Account
All Members of the Service shall receive a password and an account.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Us of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without Our express written consent. Any User purchasing goods from our online Store will automatically have a Member profile created with a username and email. If You do not want to participate in or be a part of the AutismOne community then please delete your profile.
The following are some commitments You make to us relating to registering and maintaining the security of your account.
6.1.    You will not enter any false personal information on Our Website, or create an account for anyone other than yourself without permission.
6.2.    You will not use Our Website if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
6.3.    You will not use Our Website if you are a convicted sex offender.
6.4.    You will keep your contact information accurate and up-to-date.
6.5.    You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
6.6.    You will not transfer your account to anyone without our written permission.

7.    Member Submissions
7.1.    We respect the intellectual property of others, and require that our Members do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  
7.2.    Our Services are for the personal use of Members and may not be used for commercial endeavors unless they are specifically endorsed or authorized by Us.  
7.3.    All posted or collected narratives, blogs and comments are the property of the posting Member, and reflect his/her own views and opinions, which may not necessarily be consistent with Our views and opinions. We reserve the right to use or edit without changing the meaning/content of such postings as We see appropriate in promoting Our interests.
7.4.    You should choose carefully the information you post on or through the Our Services and that you provide to other Users. Your postings may not include any form of prohibited content, as described in Our Code of Conduct (Section 9).  
7.5.    Despite this prohibition, information, materials, products or services provided by some Members, may in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement. We assume no responsibility or liability for such material.  If you become aware of misuse of the Our Services by any person, please click on the Report Abuse link at the bottom of Website in the footer.

8.    Privacy
Your privacy is important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Our Site. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

9.    Code of Conduct
As your Code of conduct, You agree to refrain from using the Service for any of the following:
9.1.    In general, engage in any illegal activities of any type. This includes but is not limited to criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets,  any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages, impersonating or attempting to impersonate another Member, person or entity, or using the our Services in a manner inconsistent with any and all applicable laws and regulations.    
9.2.    Engage in any form of harassment or offensive behavior, including but not limited to the posting of communications or pictures that contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
9.3.    Use the Service in any way that violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law
9.4.    Harass or advocate harassment of another person or post information that poses or creates a privacy or security risk to any person
9.5.    Exploit people in a sexual or violent manner
9.6.    Insert any post that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website
9.7.    Solicit personal information from anyone under 18
9.8.    Publicly post information that poses or creates a privacy or security risk to any person
9.9.    Involve yourself in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"
9.10.    Carry out on Our Website commercial activities and/or sales such as contests, sweepstakes, barter, or advertising without prior written permission from Us
9.11.    Use our Service to promote any type of pyramid scheme
9.12.    Use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services without prior written permission from Us
9.13.    Use the Service to distribute or up load any virus, trojan horses or engage in any other action that might cause harm to this site, to any third-party site or to other Members' systems in any way.
9.14.    Use the Services in a manner inconsistent with any and all applicable laws and regulations.

10.    Modifications and Interruption to Service
We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should We exercise our right to modify or discontinue the Service. We do not guarantee continuous, uninterrupted or secure access to our website. Operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

11.    Third-Party Sites
Our Website includes links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that We are not responsible for the availability of or the content located on any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and We are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

12.    Disclaimers
12.1.    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While We make every effort to ensure that the information on this website is accurate, We can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
12.2.    We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and You acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
12.3.    We are not responsible for and make no warranties, express or implied, as to the accuracy and reliability of the Member postings through Our Services, whether caused by Members or by any of the equipment or programming associated with or utilized by Us. Member postings do not necessarily reflect Our opinions or policies.  
12.4.    Member posting/profiles on the Our Website may contain links to other websites.  We are not responsible for any aspect of the content on such websites. Inclusion of any linked website on the Our Services does not imply approval or endorsement of the linked website by Us.  When you access these third party sites, you do so at your own risk.  

13.    Governing Jurisdiction of the Courts
By visiting this Website you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Agreement and any dispute of any sort that might arise between You and Us or our affiliates.
Any dispute relating in any way to Your visit to Our Website shall be submitted to confidential arbitration in Salt Lake County, Utah, except that, to the extent You have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

14.    Compliance with Laws.
As a Member or a Visitor you assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use Our Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

15.    Copyright and Trademark Information
15.1.    All material on this website is copyrighted by Us, except for some material that is copyrighted by others and used here by permission. Copyrighted material may not be copied, reproduced or otherwise used for commercial purposes without the written permission of the copyright holder. This site also contains some trademarks, which may not be appropriated by persons other than the trademark owner and may not be used contrary to trademark law.
15.2.    AutismOne™ and AutismOne.org™ are proprietary marks of Autism International Association, Inc..  Our trademarks may not be used in connection with any product or service that is not provided by Us, in any manner that is likely to cause confusion among visitors, or in any manner that disparages or discredits Us or Our Website.
15.3.    All other trademarks displayed on Our Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Us.

16.    Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, You may contact via email our agent for receipt of notifications of claimed copyright infringement to copy...@autismone.org.

17.    Other Terms
17.1.    This Agreement constitutes the entire agreement between You and Us regarding the use of the Our Services.  
17.2.    Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  
17.3.    You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Us, in our sole discretion, to a third party in the event of a merger or acquisition.  
17.4.    This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.
17.5.    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.