THE AUTISM EXCHANGE, LLC – TERMS OF SERVICE
The Autism Exchange, LLC (“The AEX”) is a web based service that is intended to provide users with a forum in which they can access and share autism related information in a user friendly format.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE AUTISM EXCHANGE WEBSITE. THESE TERMS OF SERVICE (THE “AGREEMENT”) APPLY TO YOUR USE OF OUR WEBSITE WWW.THEAUTISMEXCHANGE.COM (THE “WEBSITE”) AS WELL AS THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE. THE AEX RESERVES THE RIGHT TO REVISE THESE TERMS OF SERVICE IN WHOLE OR IN PART AT ANY TIME, AND ANY REVISIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE.
While The AEX will always strive to present accurate information on Website, we make no representations or warranties regarding the accuracy of the information provided on The AEX and we do not endorse, approve or certify such information, nor do we warrant or guarantee the efficacy of such information. The AEX expressly disclaims any liability for damages of any kind resulting from the information provided on the Website or the reliance on any such information. By accessing the Website you release The AEX from any liability in any way related to The Website or your use of the Website and you waive any claims that you have or may have against The AEX as a result of using Website.
By accessing the Website, you assume exclusive responsibility and all risk for your use of the Website. The AEX is not responsible for the content or accuracy of the Website or for the consequences resulting from the use of the information contained on the Website. The AEX is not responsible for damages resulting from any spam, virus or anything else that infects or contaminates a user's system or information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to The AEX for the reconstruction of any lost data.
No Medical Advice
The information contained in the Website is not intended to replace or to be construed as medical advice, diagnosis or treatment, and is offered for informational purposes only. If you have any concerns or questions about your health or the health of your children or a loved one, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of information on the Website. The AEX does not recommend or endorse any physicians, other practitioners, products, tests, procedures, opinions, or other information that may be provided on the Website. The use of any information provided on the Website is solely at your own risk. Developments in medical research may impact the health information that appears here. No assurance can be given that the information contained on the Website will always include the most recent findings or developments. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Interactions with Other Users
You are solely responsible for, and assume all liability regarding your online and offline interactions with other users of the Website. You should always act cautiously when interacting with any stranger who wants to meet you. The AEX MAY, BUT IS UNDER NO OBLIGATION TO SCREEN OR INQUIRE ABOUT THE BACKGROUND OF ANY OF ITS USERS OF THE WEBSITE. TO THE EXTENT THAT THE AEX UNDERTAKES ANY BACKGROUND SCREENING OR INQUIRIES OF USERS, YOU ACKNOWLEDGE AND AGREE THAT THE AEX MAKES NO REPRESENTATONS, WARRANTIES OR GUARANTEES AS TO THE EFFECTIVENESS OF SUCH SCREENINGS OR THE CONDUCT OF ANY OF ITS USERS. THE AEX DISCLAIMS ALL LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS OR CONDUCT OF ITS USERS OF THE WEBSITE. The AEX reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if The AEX determines, in its sole discretion, that doing so is appropriate under the circumstances.
Certain services offered on the Website are available only for a fee, which are described on the Website and may be changed from time to time. Fees may include but are not limited to membership fees and fees for specific services. All fees paid are nonrefundable. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all administrative fees, governmental fees and applicable taxes associated with the services provided and any transactions entered in connection with the services.
Account Security and Passwords
You agree that you are responsible for maintaining the confidentiality of your user name and password associated with any account you use to access the Website. You are solely responsible to The AEX for all activities that occur under your account. You agree to exit (sign out) from your account at the end of each session. The AEX will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you become aware of any unauthorized use of your user name/password or of your account, or any other breach of security relating to the Website, you agree to notify The AEX immediately using The AEX Contact Us feature or sending an email to email@example.com.
The Website may include one or more forums, blogs, chat rooms and other public forums (“Public Forums”). The AEX or its designated agents reserve the right to remove or alter any user-created content at any time for any reason. Public forums are intended to serve as discussion centers for registered users of The AEX. Information and content posted within these public forums may be provided by The AEX staff, The AEX’s outside contributors, or by users not connected with The AEX, some of whom may employ anonymous user names. The AEX expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these public forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of The AEX.
Blocking of IP Addresses
In order to protect the integrity of the Website, The AEX reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
Copyright Notice and Takedown Procedures
If you believe that any content on the Website infringes your copyright, you should immediately notify The AEX of the infringing content, providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
Your notice of claim of copyright infringement can be sent by directing an email to firstname.lastname@example.org or by using the Contact Us feature on the Website. Upon our receipt of a notice of claimed infringement, The AEX will investigate and, if appropriate respond expeditiously to remove, or disable access to, the infringing content. The AEX will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Some of the information included on the Website may be supported by advertising revenue and the Website may include advertisements and promotions from various suppliers or sponsors. Website advertisements may be targeted to the particular content on the Website, queries made through the Website or other information. The manner, mode and extent of advertising on the Website are subject to change without notice. Website content may be protected by copyright or other intellectual property rights which are owned by the suppliers, sponsors, advertisers or content providers. Except as expressly authorized in this Agreement, you may not use, modify, rent, lease, loan, sell, distribute or create derivative works of Website content, including any content provided by suppliers, advertisers, or sponsors (either in whole or in part).
Links to other content
The Website contains links to other websites, content or resources. The AEX does not have control over any linked websites or resources which are provided by third parties. You agree that The AEX is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that The AEX is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the information, completeness, accuracy or existence of any advertising, products or other materials on, or available from, such third party web sites or resources. The Website utilizes a random rotation of links to allow a variety of links to be viewed enhancing the user experience.
You agree that any questions, comments, suggestions, ideas, feedback or other information submitted to the Website relating to modifying or improving the Website ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become exclusive property of The AEX. The AEX may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you grant to The AEX a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
The AEX makes no representations that the Website content is appropriate or legally available for use in locations outside the United States. If you are accessing the Website from jurisdictions where the content may be illegal, you are solely responsible for complying with all local laws regarding acceptable Content. You consent to the disclosure of such content from your country to The AEX’s servers in the United States.
THE AEX AND THE WEBSITE PROVIDES INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY INFORMATION, SERVICE OR PRODUCT MENTIONED OR ADVERTISED ON THE WEBSITE. USERS OF THE WEBSITE ASSUME SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION, OPINIONS, ADVICE, SERVICES OR MERCHANDISE MENTIONED OR ADVERTISED ON THE WEBSITE. THE AEX DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR THAT WEBSITE’S CONTENT WILL BE ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
THE AEX IS NOT LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, SERVICES OR PRODUCTS CONTAINED OR AVAILABLE ON, OR DOWNLOADED FROM THE WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE AEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED FROM THE WEBSITE. IF THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ENFORCABLE IN ANY JUSRISDICTION, THE TERMS OF THIS SECTION SHALL BE DEEMED MODIFIED SO TO LIMIT THE AEX’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
Proprietary Rights of (The AEX)
You acknowledge and agree that The AEX and its licensors own and retain all right, title and interest in and to the Website, including all intellectual property rights associated with the Website and it content. Except for information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any information, materials, or software associated with The AEX. You may not use any of The AEX’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Other than the content license grant set forth below, The AEX acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) in or to any content that you submit, post, transmit or display on, or through, The AEX, including any intellectual property rights associated with your content. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website. You agree that in using the Website, you will not use any trademark (including any logo) of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks or logos. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software or any part thereof.
COPYRIGHT; LICENSE GRANT
The names, trademarks, service marks and logos of The AEX may not be used in any advertising or publicity, or otherwise to indicate sponsorship of or affiliation with any product or service, without The AEX’s prior written consent. Content, services or products of third parties may contain the trademarks of their respective owners.
Any disputes under this Agreement shall be governed by Maryland law, without regard to conflicts of law principles. The AEX may enforce this Agreement in any court of competent jurisdiction however, by accessing the Website you agree to submit to the personal jurisdiction of the State of Maryland, and the Circuit Court for Anne Arundel County in particular for all disputes relating to this Agreement or your use of the Website. This Agreement is personal between you and The AEX, and unless otherwise provided in this Agreement, no one shall be a third party beneficiary to this Agreement. If any provision of this Agreement shall be determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement. If severed, the remainder of 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. 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.
Any rights not expressly granted herein are reserved.
If you have any questions or concerns regarding our Terms of Service please direct them to us using The AEX Contact Us feature.