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Terms of use | Autiknow

Terms of Use

Last updated September 24, 2013

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE PRODUCTS AND SERVICES OFFERED BY TECHNOLOGY FOR AUTISM NOW, INC. (“TAN”). BY VISITING TAN WEBSITES OR USING THE TAN PRODUCTS, INCLUDING (WITHOUT LIMITATION) TAN’S SOFTWARE APPLICATION FOR MOBILE DEVICES, OR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. YOUR CONSENT TO THE TERMS AND CONDITIONS OF THE AGREEMENT APPLIES EQUALLY TO ANY THIRD PARTY SOFTWARE LICENSE THAT NEEDS ACKNOWLEDGEMENT AND CONSENT

IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE, PRODUCTS, OR SERVICES. TO REJECT THESE TERMS, YOU MUST DELETE TAN’S SOFTWARE APPLICATION FROM YOUR MOBILE DEVICE IMMEDIATELY.

  1. ACCESS TO THE SERVICES; USE OF THE PRODUCT. The www.tech4autismnow.org and www.autiknow.com websites and domain names and all other websites and domain names affiliated with TAN and its Products, and any other linked pages, features, content, mobile applications, or application services offered from time to time by TAN in connection therewith (collectively, the “Website”) are owned and operated by TAN. TAN may offer to sell Products and/or provide certain services to you through the Website, as described more fully on the Website, that have been selected by you through the process provided on the Website (together with the Website, “Services”). The term “Services” shall include, without limitation, use of the Website, purchase of any Products, and any service TAN performs for you and the content offered by TAN on the Website. TAN may change, suspend or discontinue the Services at any time, including the availability of any Product, feature, database, or content. TAN may also impose limits on certain Products, features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Product for your own personal, non-commercial use, and not for the use or benefit of any third party. You may only use the Product in connection with the Services, and for no other use. Any software component embodied in the Product and/or Services is licensed to you, and not sold. TAN reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services and/ or the Product following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.TAN does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to TAN or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.You represent and warrant to TAN that: (i) you are an individual (i.e., not a corporation) and you either are of legal age to form a binding contract and/or purchase a Product, or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You understand and acknowledge that if you do not keep your account current and up-to-date, the Product may not function properly and the Services could be ineffective. You also certify that you are legally permitted to use and access the Services and the Product and take full responsibility for the selection and use of and access to the Services and the Product. This Agreement is void where prohibited by law, and the right to access the Services and the Product is revoked in such jurisdictions.You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services and the Product, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and Product.
  2. WEBSITE CONTENT. The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from TAN or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without TAN’s prior written consent.In the course of using the Services, you and other users may provide information which is visible to other users which may be used by TAN in connection with the Services. You understand that by posting information or content on the Website or otherwise providing content, materials or information to TAN or in connection with the Services (collectively, “User Submissions”), TAN hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, TAN will only share your personally identifiable information in accordance with TAN’s privacy policy in effect from time to time and located at http://www.autiknow.com/privacy-policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that TAN retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that TAN will not be liable for any errors or omissions in any content. You understand that TAN cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, TAN cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

    Under no circumstances will TAN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

  1. YOUR WARRANTY. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services or the Product in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without TAN’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of TAN; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. TAN reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if TAN is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not TAN, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to TAN and to grant TAN the rights to use such information in connection with the Services and as otherwise provided herein.
  2. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and the Product. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services or the Product. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TAN user. Use of the Services or the Product to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services or the Product. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services and the Product.
  3. WARRANTY; WARRANTY DISCLAIMER.
    1. WARRANTY DISCLAIMER.
      1. TAN has no special relationship with or fiduciary duty to you. You acknowledge that TAN has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release TAN from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. TAN makes no representations concerning any content contained in or accessed through the Services, and TAN will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
      2. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN SECTION 5.1, THE SERVICES, PRODUCT, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  4. PRIVACY POLICY. For information regarding TAN’s treatment of personally identifiable information, please review TAN’s current privacy policy at www.autiknow.com/privacy-policy, which is incorporated herein by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by TAN’s Privacy Policy.
  5. REGISTRATION AND SECURITY. As a condition to using the Product or some aspects of the Services, you may be required to register with TAN and select a password and user name (“TAN user id”). You shall provide TAN with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not () select or use as a TAN user id a name of another person with the intent to impersonate that person; or (ii) use as a TAN user id a name subject to any rights of a person other than you without appropriate authorization. TAN reserves the right to refuse registration of or cancel a TAN user id in its discretion. You shall be responsible for maintaining the confidentiality of your password.
  6. INDEMNITY. You will indemnify and hold TAN, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services or the Product, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
  7. LIMITATION OF LIABILITY. IN NO EVENT SHALL TAN OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, THE PRODUCT, THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $200; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TAN’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  8. FEES AND PAYMENT.
    1. If you choose to enroll in any of TAN’s fee-based subscription Services (as currently offered, or to be offered in the future) (collectively, the “Program”), you will be charged a subscription fee. The subscription fee for these fee-based subscription recurring Services (“Subscription Fee”) will be charged to you in advance, to the credit card you provided upon enrollment in the Program. Subscription Fees are non-refundable. Your enrollment in the Program will be automatically renewed at the time interval you select, if possible. TAN will notify you prior to the expiration of the Program term; if you wish to cancel auto-renewal of the Program for the following year, you must notify TAN within 5 days of your receipt of an auto-renewal notice from TAN. If automatic renewal is not possible, TAN will contact you and enable you to renew your subscription. TAN may change any Subscription Fee at anytime upon written notice to you, but such change will only take effect once your then-current Program term has ended. If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel your enrollment in the Program for the following year, prior to the expiration of your then-current Program term. You may cancel your Program subscription at any time, but again, no refunds will be granted for Subscription Fees paid.
    2. Though many of our Services are currently free, TAN reserves the right to require payment of fees for certain or all Services or Programs. You shall pay all applicable fees, as described on the Website in connection with such Services and/or Programs selected by you. TAN reserves the right to change its price list and to institute new charges at any time, upon written notice to you, which may be sent by email or posted on the Website. Your use of the Services and/or Programs following such notification constitutes your acceptance of any new or increased charges.
  9. DATA CAPTURE AND SHARING. The TAN Products collect behavioral and usage data about users. By using the Product and Services, you grant TAN an unlimited license to this data, and share this information in accordance with the Privacy Policies. On a periodic basis, this data is made available to third parties for research purposes. By using the Product and Services you grant TAN permission to use this data in such a fashion in accordance with their established policies.
  10. THIRD PARTY WEBSITES. The Services may contain links to third party websites that are not owned or controlled by TAN. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. TAN has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, TAN will not and cannot monitor, verify, censor or edit the content of any third party site.By using the Services, you expressly relieve and hold harmless TAN from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TAN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TAN is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TAN, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
  11. TERMINATION. This Agreement shall remain in full force and effect while you use the Services, including (without limitation) any Programs. You may terminate your use of the Services and/or Programs or your membership at any time by sending an email to support@autiknow.com with the subject line “Terminate Membership.” Once received, the TAN team will use its commercially reasonable best efforts to stop your membership as soon as is practicable. TAN may terminate or suspend your access to the Services and/or Programs, your right to use the Product and/or Website, or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. TAN may also terminate or suspend any and all Services, your right to use the Product, and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service and Product, and to access the Website and any Content, will immediately cease. All provisions of this Agreement, which by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. TAN shall have the right to store and catalogue any data provided for a reasonable period of time to ensure proper transition or destruction of such information.
  12. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. TAN shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TAN’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with TAN’s prior written consent. TAN may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind TAN in any respect whatsoever.
  13. ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Massachusetts using the English language. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TAN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Massachusetts.
  14. COPYRIGHT DISPUTE POLICY. TAN has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of TAN’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is TAN’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
    1. Procedure for Reporting Copyright Infringements:If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      2. Identification of works or materials being infringed;
      3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that TAN is capable of finding and verifying its existence;
      4. Contact information about the notifier including address, telephone number and, if available, email address;
      5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
      6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
    2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:It is TAN’s policy:
      1. to remove or disable access to the infringing material;
      2. to notify the content provider, member or user that it has removed or disabled access to the material; and
      3. that repeat offenders will have the infringing material removed from the system and that TAN will terminate such content provider’s, member’s or user’s access to the Services.
    3. Procedure to Supply a Counter-Notice to the Designated Agent:If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
      1. A physical or electronic signature of the content provider, member or user;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
      3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
      4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s , member’s or user’s address is located outside the United States, for any judicial district in which TAN is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Designated Agent, TAN may send a copy of the counter-notice to the original complaining party informing that person that TAN may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at TAN’s discretion.

      Please contact TAN’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

      Designated Agent to Receive Notification of Claimed Infringement:

      Marie Duggan
      Technology for Autism Now, Inc.
      Attn: General Counsel/Legal
      60 Bradfield Ave
      Boston, MA 02131

  15. CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@autiknow.com or Technology for Autism Now, Inc., 60 Bradfield Ave Boston, MA 02131 or 617-971-8082.