Effective Date: August 21, 2012
Autism Unlocked may suspend, modify, terminate, replace, or amend this Agreement at any time and within its sole and absolute discretion. In the event Autism Unlocked suspends, modifies, terminates, replaces, or amends this Agreement, your continued use of the Website after such modification, termination, replacement, or amendment constitutes your agreement to said change. Autism Unlocked reserves the right to terminate or discontinue the Website at any time and in its sole and absolute discretion.
YOU UNDERSTAND THAT YOU HAVE A DUTY TO READ THIS AGREEMENT. THIS AGREEMENT CONTAINS INFORMATION ABOUT YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT.
Warranties, Representations, and Capacity to Contract
IF YOU ARE UNDER THE AGE OF 18, YOU MUST SEEK THE CONSENT OF YOUR PARENT OR GUARDIAN BEFORE ACCESSING OR USING THE WEBSITE. NOTE TO PARENTS: IF YOUR CHILD IS UNDER THE AGE OF 13, YOU MUST PROVIDE AUTISM UNLOCKED WITH VERIFIABLE PARENTAL CONSENT BEFORE ALLOWING YOUR CHILD TO ACCESS OR USE THE WEBSITE.
You understand and agree that Autism Unlocked does not collect more personal information than reasonably necessary for a child to participate in any game, offering of prize, or any other activity.
You also understand and agree that Autism Unlocked undertakes commercially reasonable efforts to protect the confidentiality, security, and integrity of personal information that is protected from children.
Ownership of Website Content
You understand and agree that Autism Unlocked is the owner or exclusive licensee of the Website and its associated content, including, but not limited to, all intellectual property rights, rights of privacy or publicity, and all other personal or proprietary rights.
The laws of the United States and international law protect the Website. You are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement, including, but not limited to, framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Autism Unlocked.
Subject to and limited by the terms and conditions of this Agreement, Autism Unlocked grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, and royalty free license to use the Website for its customary intended purposes. Use of the Website in violation of this Agreement will result in the immediate termination of this license. Your license to use the Website is revocable at any time, and any rights not expressly granted herein are reserved to Autism Unlocked.
Autism Unlocked also owns any and all trademarks, service marks, designs, and logos that are contained on the Website, including but not limited to the AUTISM UNLOCKED mark.
You agree that you may not use the trademarks, service marks, designs, or logos of Autism Unlocked, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. Autism Unlocked’s trademarks, service marks, designs, and logos may not be used or imitated without the prior written consent of Autism Unlocked.
In order to obtain access to additional features or areas of the Website, you may be required to register an account (“Account”). Depending on your subscription level and amount of payment, your Account may provide you with a single license (“Single License”) or a multi-license package (“Multi-License”). In the event you purchase a Single License, your Account is personal to you and you are expressly prohibited from providing additional parties with access to your Account. In the event you purchase a Multi-License, you may only provide access to your Account to authorized individuals within your control and you may not provide access to your Account to more than the number of users authorized by Autism Unlocked under your Multi-License.
You agree that, in registering an Account, you will provide Autism Unlocked with accurate, complete, relevant, and current information. Autism Unlocked will not be responsible for any problems or claims that arise out of your failure to provide accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Autism Unlocked. You are also solely responsible for your conduct on and use of the Website through your Account.
Your failure to comply with any term or condition of this Agreement may result in the termination of your Account, and Autism Unlocked reserves the right to terminate your Account at any time and in its sole discretion.
Autism Unlocked will charge a fee to your Account when you purchase a subscription to the Website. You agree to pay all fees and charges on time, and Autism Unlocked may terminate or disable your access to the Website or your Account if you fail to pay any amount owed to Autism Unlocked when due. You agree that you will pay all costs of collection, including legal fees, incurred by Autism Unlocked.
You acknowledge and agree that Autism Unlocked may charge fees or charges to you for your purchase of a subscription through an Account. Your purchase of a subscription to the Website is non-refundable. You may edit the information associated with your subscription or change your payment method through the Account control panel.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars. You agree that you will not initiate any chargebacks to Autism Unlocked unless otherwise authorized by Autism Unlocked in writing. You understand and agree that you will be responsible to pay for any costs associated with any chargebacks that you have initiated against Autism Unlocked.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Autism Unlocked within ten (10) days of any such dispute. You understand that your failure to notify Autism Unlocked of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
Autism Unlocked reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. Autism Unlocked reserves the right at any time to modify the price charged for the services offered through the Website.
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
- Transmitting unsolicited commercial email messages through the Website or to users of the Website;
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- Circumventing Autism Unlocked’s technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the Website;
- Attempting to gain access to the private data or personal information of a user of the Website or a third party;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Harassing a user of the Website;
- Harassing a third party through your use of the Website;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Posting or transmitting content that violates any term or condition of this Agreement; or
- Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
Your violation of any term or condition of this section may result in the immediate termination of your Account and the disabling of your access to the Website.
Disclaimer of Warranties
AUTISM UNLOCKED DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS, SERVICES, OR CONTENT LINKED TO THROUGH THE WEBSITE. AUTISM UNLOCKED PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
AUTISM UNLOCKED WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. AUTISM UNLOCKED DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. AUTISM UNLOCKED RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT AUTISM UNLOCKED WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR ANY GOODS, SERVICES, OR CONTENT LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT AUTISM UNLOCKED CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO AUTISM UNLOCKED FOR THE WEBSITE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
You agree to hold harmless, indemnify, and defend Autism Unlocked, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Autism Unlocked under the terms of this Agreement will not provide you with the right to control Autism Unlocked’s defense, and Autism Unlocked reserves the right to control its defense regardless of your contractual requirement to defend Autism Unlocked.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Autism Unlocked may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of Michigan without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Autism Unlocked will be exclusively resolved through arbitration.
YOU AND AUTISM UNLOCKED AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN TRAVERSE CITY, MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND AUTISM UNLOCKED AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MICHIGAN IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND AUTISM UNLOCKED AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and Autism Unlocked will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Autism Unlocked inadvertently collects personally identifiable information, Autism Unlocked will delete the personally identifiable information in accordance with its security protocols.
AUTISM UNLOCKED AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved to Autism Unlocked.