Website User Agreement
Prevent Autism Today Website (www.prevent-autism.org) Terms of Service and Users Agreement
Last Updated: February 1, 2010
Acceptance of Terms Through Use
We reserve the right to change the Terms of Service or to impose new conditions on use of the Site, at any time, in which case we will post the revised Terms of Service on the Site and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. Accordingly, we urge you to review the Terms of Service, and if you do not agree to its terms or those of any revised policy, please exit the Site immediately.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates the Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.Rights and Restrictions Relating to Site ContentYour Limited Right to Use Site Materials. As referenced in the Intellectual Property Section below, this Site and all the materials available on the Site are the property of us or authorized for use by us by third parties, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.
Our Right to Use Materials You Submit or Post. When you submit or post any material via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for any materials submitted by you.
Limitations on Linking and Framing. You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.
Limitations on Use of Third Party Copyright Material. Some of the material available on this Site is provided by third parties. By using this Site you agree and acknowledge that (1) you will not publish, display, broadcast, or rewrite for broadcast or publication, or redistribute, directly or indirectly in any medium, any third-party text, photo, graphic, audio, and/or video material; and (2) no third-party materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. We and, to the extent applicable, the third parties, will not be held liable for any delays, inaccuracies, errors or omissions in materials or in the transmission or delivery of all or any part of materials, or for any damages arising from any of the foregoing. In addition to those set forth in this paragraph, the third parties may impose other terms and conditions on the use of their materials.
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Prevent Autism Today, its licensors, or identified third parties. You may only use the Site as expressly permitted in the Terms of Service and for no other purpose. We or third parties, where applicable and acknowledged, retain exclusive ownership of all data, material, and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names and marks (including Prevent Autism Today) on the Site are trademarks or service marks owned by or used under license by Prevent Autism Today. The use or misuse of any of these materials is strictly prohibited.
Site Registration Process
Responsibility for User-Provided Content
This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services, and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. By accessing and using any such features, you represent and agree: (i) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (ii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iii) that you are 13 years of age or older; (iv) that the materials will not violate the rights of, or cause injury to, any person or entity; and (v) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header “Rights and Restrictions Relating to Site Content.”Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any email services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post, or otherwise provide on or through the Site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
As referenced in Disclaimer page of the Site, we have provided links and pointers to Internet sites maintained by third parties throughout our Site. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, GOODS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. PREVENT AUTISM TODAY MAKES NO WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Site is provided for informational purposes only, and is not intended for medical advice, trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use and, when and where necessary, seek independent advice from a licensed healthcare practitioner.
Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such companies, organizations, and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to act or refrain from acting, and you agree to release us and our affiliates from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE, OR OUR DIRECTORS, EMPLOYEES, VOLUNTEERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR DIRECTORS, EMPLOYEES, VOLUNTEERS OR AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, agents, representatives, volunteers, and licensors, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to PO Box 40235, Mesa, AZ 85274 or by email to firstname.lastname@example.org Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in the Terms of Service or on the Site.
This Site features software products that may be used subject to other agreements. Nothing in the Terms of Service will affect the terms set forth in those other agreements or modifications to those agreements. Further, should any of the terms or provisions of the Terms of Service conflict with those agreements, the provisions of those agreements shall supersede any provision of the Terms of Service.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Prevent Autism Today makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from locations where their contents are illegal is prohibited.
Choice of Law
The Terms of Service shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Arizona, U.S.A., without regard to conflict of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or your use of the Site shall be filed only in the state or federal courts located in the State of Arizona and specifically, Maricopa County, Arizona, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Integration and Severability
The Terms of Service constitutes the entire agreement between Prevent Autism Today and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of the Terms of Service agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Unauthorized Use, Suspension and Termination of AccessYou agree to use the Site only for authorized and legal activities. Prevent Autism Today reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Site, with or without notice and for any reason whatsoever, and to remove and discard any materials that you submit to the Site, at any time, for any reason. You agree that we will not be liable to you or any third-party for any suspension or termination of your use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.