Description of Service
Registration and Subscription
The content and services on the Site are divided into three categories: (a) content and services which can be accessed without registration; (b) content and services which can be accessed only after registering; and (c) content and services which require a subscription (e.g., the payment of a fee).
Our Site is available for use by individual users or by organizations. If you are an individual user, you may purchase subscriptions as provided for below. If you are a member of an organization, and wish to purchase multiple subscriptions or different combinations of subscriptions, please contact Autism Expressed at firstname.lastname@example.org.
There are two types of subscriptions, a “User” subscription and a “Child Profile” subscription.
A “User” subscription means the right of a specific named individual to access the Site for the purpose of using the materials to teach one or more students. The named User may access the Site from a classroom, from home, or from any location within the United States, provided such named User’s username and password are only used by the specified named individual and from only one location at any point in time.
A “Child Profile” subscription shall mean the ability to use the Site for a specific named student and to monitor such student’s performance.
The username and password provided in connection with a User or Child Profile subscription may only be used by the named individual to whom it is assigned.
A subscription for a User includes the right to purchase up to three Child Profile subscriptions (i.e., it permits the creation, use, and support of up to three student profiles). You may only use a User subscription with three Child Profiles. If you require additional Child Profile subscriptions, you must acquire additional User subscriptions. Alternatively, as discussed above, if you are a member of an organization, you may contract Autism Expressed at the email address provided above.
All information you provide must be accurate and complete. By purchasing a subscription, you are representing and warranting to Autism Expressed that you are an authorized user of any purchasing information, such as credit card information, that you provide to us and that you agree to pay all charges resulting from your subscription.
Access to Site Functionality
Access to certain portions of this Site requires login and password information. Once you have registered or purchased a subscription, you will have login and password information. This information is for your use only and is non-transferable.
You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify Autism Expressed in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site.
Age of Users
This site and its contents are for the personal use of the individual or organization acquiring subscriptions. You may not purchase subscriptions to benefit any other person. For example, you may not resell the services offered on this Site or distribute them to any other persons.
Additional Terms for Subscriptions
Subscriptions are subject to recurring billing. Subscribers can choose either month to month, quarterly, or annual subscriptions to the Site. In each case, billing for the total amount of the subscription will occur on the first day of subscription with no refunds. Subscribers agree to renew subscriptions automatically and to be billed accordingly as determined by the subscription length with no refunds, until the subscriber modifies or cancels the subscription before the next billing cycle date and Autism Expressed is subsequently afforded a reasonable opportunity to modify or cancel the subscription accordingly.
Any pricing designated as “promotional”, “special”, “limited time only” or other short-term offer will remain in effect for the designated duration only and will be adjusted automatically to regular pricing at the conclusion of the designated time period. Autism Expressed reserves the right to change subscription pricing at any time.
Changes to the Site
We may discontinue or change any content, service, function or feature at any time with or without notice.
Proper Use of This Site
When you use our Site, you agree at all times to comply with the following guidelines. You may use Autism Expressed for lawful purposes only and may use this Site only in ways consistent with any applicable laws. You specifically agree not to:
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you post;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
collect or store personal data about other users in connection with the prohibited conduct set forth above.
USE ANY PROGRAM, SPIDER, OR “BOT” TO GATHER OR “HARVEST” INFORMATION FROM THIS SITE.
The content on this Site is protected by United States and foreign intellectual property laws. Any violation of Autism Expressed’s rights or the rights of its licensees and licensors is a breach of this Agreement.
USERS ARE PROHIBITED FROM ATTEMPTING TO DEFEAT, BYPASS, OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS EMPLOYED BY THE SITE TO PROTECT THESE PROPRIETARY RIGHTS.
Electronic Delivery Statement and Your Consent
Content that You Supply
Autism Expressed may allow you to supply content to the Site or its functions. There are two categories of user supplied content: (a) content that a user uploads to the Site that is meant to facilitate the user’s use of the Site’s content and services, but that is not meant for public distribution; and (b) content that a user uploads to the Site for public display. Content uploaded by a user for that user’s use only will be placed in a user specific “file cabinet”, and Autism Expressed will only provide access to such content to the user that uploads it. We will also give you the ability to share this information with third persons that you designate. While Autism Expressed will take all reasonable steps to protect the privacy of content stored in a users’ “file cabinet”, ANY CONTENT YOU UPLOAD TO YOUR FILE CABINET IS UPLOADED AT YOUR OWN RISK.
In consideration of being allowed to use the public forums, you agree not to post any content that violates these terms, any applicable laws, or the content guidelines. Content that violates applicable rules may be removed and your registration or subscription may be consequently terminated.
If you post any content on any public area of the Site or otherwise transmit to Autism Expressed any content, you grant us and our affiliate companies the perpetual, irrevocable, sublicensable, and royalty-free right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge. If you wish to keep rights in any content you post, then do not submit them to Autism Expressed in a public area.
If you are an investigator or health care professional you may not provide Autism Expressed any protected health information.
No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to edit or to refuse to post submitted content and the right to remove any content for any reason at any time.
Third Party Sites and Advertisers
Autism Expressed may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Autism Expressed is not responsible for any claim or loss due to a third party site or any advertiser.
Autism Expressed autism provides users with information on educational methods and treatment based on the principles of Applied Behavior analysis (“ABA”). Since Autism Expressed cannot verify how programs provided by Autism Expressed are used, Autism Expressed cannot be held responsible or liable in any way, shape, or form for planning, directing, or monitoring ABA programs.
THIS SITE IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE YOU SHOULD BE SEEKING FOR YOUR CHILD OR STUDENT. In developing our program, Autism Expressed has used reasonable efforts to make our program consistent with the consumer guidelines published by the Autism Special Interest Group of the Association for Behavior Analysis International (2007) (which identifies consumer rights and specific competencies that are required to plan, direct, and monitor effective ABA programs).
Parents and professionals have access to a wide array of tools to support their intervention efforts such as curriculum, manuals, and written sample programs. Such tools should be used with professional support and supervision. Autism Expressed autism videos are another such tool.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE AND CONTENT ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT (II) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY MEDICAL PRODUCT OR SERVICE BY AUTISM EXPRESSED OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS. ADDITIONALLY, THIS SITE SHOULD NOT BE USED TO ATTEMPT TO DIAGNOSE AUTISM OR ANY OTHER MEDICAL CONDITION, OR TO ATTEMPT TO ASSESS THE STAGE OR OTHER MEDICAL ASPECT OF ANY PERSON DIAGNOSED WITH AUTISM. All content on this Site is provided for informational purposes only. This content is not intended to substitute medical professional advice. You should consult a medical professional with any questions you may have regarding a medical condition or treatment. DO NOT DELAY SEEKING ADVICE FROM A MEDICAL PROFESSIONAL BECAUSE OF CONTENT RECEIVED FROM THIS SITE. Autism Expressed provides this information and content on this site for educational purposes only. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
Autism Expressed is not responsible for updating out-of-date or older Site content. All content and information is provided for informational purposes only and a professional should be consulted prior to relying on subject matter on this Site. While we may periodically update or correct information in this Site, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ITS ACCURACY, CURRENCY OR COMPLETENESS, AND WE DO NOT INTEND TO ROUTINELY UPDATE THIS INFORMATION.
Disclaimers of Warranties
Your use of this Site and any linked sites is at your own risk. We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, CURRENT, COMPLETE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND AUTISM EXPRESSED’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF THIS AGREEMENT BY AUTISM EXPRESSED SHALL BE TO DISCONTINUE USE OF THE SITE, CONTENT AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY NOT ASSERT CLAIMS FOR MONEY DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR COMPANY AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby release and forever discharge Autism Expressed and its respective officers, directors, shareholders, employees and agents, of and from all actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, guarantees, claims and demands whatsoever that you had, now have or hereafter can, shall or may have of or by an reason of or in any way arising out of any cause, matter or thing whatsoever existing up to the present time and, in particular, without in any way limiting the generality of the foregoing, for and by reason of or in any way arising out of your use of the Site, or the Site’s content or services or your violation of these Terms & Conditions. You agree to defend, indemnify, and hold harmless us and our affiliates, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site or any of the Site’s content or services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions in our Copyright Policy on how to contact us to report possible copyright infringement.
Choice of Law and Location for Resolving Disputes
Severability and Integration
You may not assign your registration or subscription to any third person.