Terms & Conditions of Use

DATE OF LAST REVISION: April 19, 2012

Introduction

These Terms and Conditions apply to your use of Autism360’s website, Autism360.org (the “Website”) and govern your rights and responsibilities in connection with such use.  The term “Website” includes the information, pictures, graphics, publications, data, database and other information and content (collectively, the "Website Content") on the Website and all of Autism360’s services provided on or through the Website (the “Site Services”).  You “use” the Website anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Website (or any parts thereof) or interact or communicate with other users through the Website (including, without limitation, on message boards, chat rooms and/or other communities established on the Website).  Your use of the Website (or any part thereof) signifies your agreement to be bound by these Terms and Conditions and the Autism360 Privacy Policy, which is hereby incorporated by this reference into these Terms and Conditions.

The Website Content is for informational purposes only. No Website Content is intended to be relied upon nor intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider regarding any medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Autism360 does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Autism360 and/or its employees, agents, affiliates, users or other third parties appearing on the Website is solely at your own risk.

Given the nature of the Internet, even though the Website is targeted to US residents only, it may be accessed in other parts of the world.  If you are not a US resident and yet use the Website, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of Autism360) to make sure that your use of the Website complies with all applicable local laws.  IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON AUTISM360’S US SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.

Autism360 reserves the rights, at its sole discretion, to change, modify, and/or add to these Terms and Conditions, in whole or in part, at any time, without notice.  Changes to these Terms and will be effective when posted.  You agree to review these Terms and Conditions periodically to become aware of any changes.  Your use of the Website or any part thereof after any changes to these Terms and Conditions are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.  If you object to any such changes, your sole recourse will be to stop using the Website.

Your use of certain Website Services, features, functionality or programs (including without limitation, AskAutism360 and Autism360’s web-based data tool) offered on or through the Website may be subject to additional terms and conditions (“Special Rules”) and before you use any such services, you may be required to indicate your acceptance of such Special Rules.  All Special Rules are incorporated into these Terms and Conditions as if fully set forth herein.

Autism360 may terminate, change, suspend or discontinue any aspect of the Website and/or services at any time, in Autism360’s sole discretion.

Your Use of Our Website Content

We authorize you to view or download one single copy of the screens, reports and other Website Content from the Website. You may not do so for commercial purposes or for the purpose of copying the software or other technologies that run the system. The Website Content is protected by copyright under both United States and foreign laws. Any use of the Website Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. If you violate any of these Terms and Conditions, your permission to use the Website Content and the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website Content.

Our Use of Your Content

The intent of this Website is to allow you access to the collective "voice" of others with problems that closely match yours, and to gather from their experience some options that you might otherwise not know about. The Website offers you the opportunity to share your experience for the potential benefit of others. We further anticipate that the threads of data each user contributes to the Website and its related Website Content will lead to the creation of a body of information that will potentially permit us to see otherwise invisible patterns. The analysis of these patterns constitutes research that hopefully will help us understand aspects of the causes and effective treatments of individuals with autism and related disorders. By using the Website you give us permission to include your anonymous personal information in our Website Content. If you do not wish your information to be used in this way you should not register on the Website, or provide us with any information.

Upon submission, all user content, materials or information of any nature, save and except for any personally identifiable information (as defined in our Privacy Policy) submitted by you to the Website or otherwise posted on this Website (collectively, the "User Content") shall be deemed to be, and shall remain the property of Autism360. You shall be deemed to have irrevocably and assigned in perpetuity to Autism360 free of charge all of your worldwide right, title and interest in and to such User Content, and waived any "moral" or author's rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, Autism360 shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content as Website Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of such User Content.  To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Autism360, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. Except as set forth in the Privacy Policy or applicable law, none of the User Content shall be subject to any obligation of confidence on the part of Autism360, and Autism360 shall not be liable for any use, non-use or disclosure of all or part of the User Content.

You are responsible for all User Content posted by you. AUTISM360 HAS NO RESPONSIBILITY FOR YOUR USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide, and that the User Content does not violate the property or privacy rights of others. Autism360 does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions. However, Autism360 retains the right, but not the obligation, to review, edit or delete any User Content which Autism360 in its sole discretion chooses to delete for any reason or no reason.

Endorsements; Links to Other Sites

Use at your own risk any of the information that may be mentioned on the Website. Autism360 does not recommend and does not endorse the content on any third-party websites. Autism360 is not responsible for the content of linked third-party sites and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such third party websites. Autism360 does not endorse any product, service, or treatment advertised on linked sites.  AUTISM360 EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEBSITE OR OTHER INTERNET RESOURCES.

Passwords

You are solely responsible for the privacy of the password(s) used for access to this Website and must promptly notify us of any need to deactivate a password.

Privacy

At Autism360, protecting your privacy is important to us. We understand you may have questions or concerns regarding your personal information and how it will be used. Accordingly, we have developed a Privacy Policy (which may be modified, without notice, by Autism360 from time to time) to explain our privacy-related practices. You may also view our Privacy Policy.

No Warranty

WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE AND ALL WEBSITE CONTENT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. AUTISM360, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE CONTENT OR WHETHER THE INFORMATION ON THE WEBSITE IS CURRENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTISM360 OR ITS AFFILIATES OR MEMBERS SHALL CREATE A WARRANTY OF ANY KIND.  YOU ARE RESPONSIBLE FOR VERIFYING ALL OF THE WEBSITE CONTENT BEFORE RELYING ON THEM. AUTISM360 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.

Indemnity

You agree to indemnify and hold Autism360 and its subsidiaries, affiliates, officers, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of this Website, the Website Content you post or transmit on or to this Website, your violation of these Terms and Conditions or any policies incorporated by reference, or your violation of any law or rights of a third party.  Autism360 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Autism360 in asserting any available defenses.

Limitation of Liability

In no event shall Autism360, its affiliates, licensors, suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, indirect, incidental and consequential damages, personal injuries/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the Website Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Autism360, its affiliates, licensors, suppliers or any third parties mentioned on the Website are advised of the possibility of such damages. Autism360, its affiliates, licensors, suppliers or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed USD $100.00. Autism360, its affiliates, licensors, suppliers or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or the Website Content. Any claims arising in connection with your use of the Website or any Website Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Code of Conduct

The Website is provided by Autism360 and is intended to be used in a safe and enjoyable fashion. You are responsible for any User Content you provide to this Website and the use of this Website. As a user of this Website, you agree that you shall not:

  • Submit any Website Content if you are a child under the age of 13;

  • Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;

  • Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials or other User Content while connected to or otherwise using this Website that: (i) are defamatory, libelous, slandering, hateful, embarrassing, harassing or inaccurate, (ii) are abusive or threatening towards or invade the privacy of anyone, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of anyone; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;

  • Attempt to circumvent the security systems of this Website;

  • Attempt to gain access to any other user's account;

  • Attempt to harvest or otherwise collect information about other users without their written consent;

  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;

  • Provide false, inaccurate or misleading information;

  • Do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Autism360 or Dr. Baker or any of its affiliates, or the Website; or

  • Do anything on the Website that would prevent other users’ access to or use of the Website or any part thereof.

In the event of occurrence of any of the above, we may close your account, suspend or limit your access to the Website.

Special Rules for Posting Questions and Comments in the Ask Autism360 Forum

The Ask Autism360 forum is moderated by healthcare professionals, including Dr. Sidney Baker.  A post to the Ask Autism360 forum does not guarantee a response.  Only responded questions will appear on the site.  The Ask Autism360 forum exists for exchange of information and support purposes only and neither Dr. Baker nor any other expert or members of the Website are dispensing medical advice and do not intend any of the information to be used for self-diagnosis or treatment.  No Website Content, including information contained in the Ask Autism360 forum, is intended to be relied upon nor intended to be a substitute for professional medical advice, diagnosis or treatment.  Always seek the advice of your physician or other qualified health provider regarding any medical condition.

Autism360 assumes no responsibility to monitor the Ask Autism360 forum for accuracy or unacceptable use, nor will Website Content posted by members be authenticated or endorsed by us. You are responsible for any Website Content you post and your post to the Ask Autism360 forum is not confidential.  Autism360 encourages you to report offensive or illegal content by contacting Autism360’s copyright agent as described in the “Notice and Takedown Procedures” section below.  Autism360 reserves the right to block transmission of, remove, and, or, edit any Website Content that you post to the Website, at any time, for any reason, and without prior notice to you.  As a user of Ask Autism360 forum, you agree that you shall not:

  • Post personally identifiable or confidential information of yourself or any person(s) or entities, including full name(s), e-mail and/or physical address(es), and telephone number(s);
  • Post advertisements or solicitations of business; posting chain letters or pyramid schemes;
  • Impersonate another person or entity;
  • Register under more than one name and/or e-mail address;
  • Distribute viruses or other harmful computer code; or
  • Engage in any spamming.

Special Rules for using Connect with Others

By choosing to participate in Connect with Others, you indicate your acceptance that the advice, recommendations, information, and any other form of communication emailed by other members of this site is not in any way vetted, approved or endorsed by Autism360, and you use such information at your own risk. As indicated in the Terms and Conditions, no Website Content is intended to be relied upon nor intended to be a substitute for professional medical advice, diagnosis or treatment.  Always seek the advice of your physician or other qualified health provider regarding any medical condition.

Autism360’s Proprietary Rights

Autism360 and its respective logos are trademarks of Autism360.  All other trademarks, service marks and logos on this web site are the property of their respective owners.  Unauthorized use of any Autism360 (or of any third-party) trademark, service mark, or logo may violate Autism360’s or a third party’s legal rights.  You must obtain Autism360’s written permission prior to using any trademark or service mark of Autism360.  Except as expressly authorized herein, you may not reproduce, modify or distribute any text, graphics or other content on the Website without the prior written consent from Autism360.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Autism360's copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • Your name, address, telephone number and (if available) e-mail address.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Autism360, or in any way relating to your use of the Website, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including any claim involving Autism360 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Collection of Information from Children

We do not knowingly solicit, collect or retain information provided by any individuals under the age of eighteen without parental supervision. If we have received any information from any person under that age, please notify us, and we will delete that information.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Website, these Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Autism360 with respect to the use of the Website and Website Content.

Thank you for your cooperation. We hope you find the Website helpful and convenient to use. Questions or comments regarding this Website, including any reports of non-functioning links, should be submitted using our "Contact Us Form" or via U.S. mail to: Autism360.org P. O. Box 511, White Plains, NY 10602. We try to answer every communication in a timely manner but due to volume may not always be able to do so.