Terms of Use

1. ACCEPTANCE OF TERMS

Autism Today provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through Autism Today (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Autism Today services, you agree to abide by any applicable posted guidelines for all Autism Today services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

Autism Today reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to Autism Today in its sole discretion. Although Autism Today attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against Autism Today for failing to adequately screen potential users or prevent the use of Autism Today or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of Autism Today to post content, or if you imply consent that Autism Today may post content on your behalf, either by written or oral means, or you fail to inform Autism Today that content should be removed, you are equally responsible for the content.

You waive any and all claims against Autism Today of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Autism Today. You understand that Autism Today does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

Autism Today and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Autism Today, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, 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.

We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice ("Notice") to Autism Today's agent for notice of claims of copyright or other intellectual property infringement:

Please include the following with your Notice to our Abuse Agent:

• The identity of the material on Autism Today that you claim is infringing, in sufficient detail so that we may locate it on the website
• 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
• Your address, telephone number, and email address
• A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
• Your physical or electronic signature

7. PRIVACY AND INFORMATION DISCLOSURE

Autism Today may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by Autism Today's Privacy Policy.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way
• that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap
• that violates federal, state, or local equal employment opportunity laws
• that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity
• that includes personal or identifying information about another person without that person's explicit consent
• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement
• that includes links to commercial services or web sites, except as specifically permitted
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law
• 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
• that disrupts the normal flow of dialogue with an excessive amount of Content
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers

Additionally, you agree not to:

• contact anyone who has asked not to be contacted
• "stalk" or otherwise harass anyone
• collect personal data about other users for commercial or unlawful purposes
• use automated means to download data from the Service unless expressly permitted
• post irrelevant Content or repeatedly post the same or similar Content
• post the same item or service in more than one classified category or forum
• attempt to gain unauthorized access to Autism Today's computer systems
• use any form of automated device or computer program for automatic submission of Content

9. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Autism Today's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Autism Today. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Autism Today.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Autism Today email addresses or through Autism Today computer systems is expressly prohibited by these TOU. Any unauthorized use of Autism Today computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

You acknowledge that Autism Today may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Autism Today has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Autism Today reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Autism Today shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

Autism Today grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Autism Today.

A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Autism Today does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by Autism Today to do so. You may create a hyperlink to the home page of Autism Today, so long as the link does not portray Autism Today, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

14. TERMINATION OF SERVICE

You agree that Autism Today, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Autism Today believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Autism Today shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Autism Today.

You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Autism Today, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF Autism Today AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Autism Today AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Autism Today BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Autism Today HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF Autism Today OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Autism Today OR THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

18. INDEMNITY

You agree to indemnify and hold Autism Today, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Autism Today and governs your use of the Service, superseding any prior agreement between you and Autism Today. The failure of Autism Today to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to info@samplesite.com.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Autism Today to pursue legal action to enforce the TOU, you will be liable to pay Autism Today the following amounts as liquidated damages:

• $1,000 for each message that impersonates any person or entity, falsely states affiliation, or includes personal information without consent
• $100 for each message posted in excess of established limits or for each day accessing in excess of limits
• $25 for each unsolicited email advertisement sent to Autism Today email addresses
• $100 for each item of Content posted in violation of the TOU
• $100 for Posting Agent violations plus additional $100 per item for the Principal
• $3,000 per day for unauthorized aggregation, display, copying, duplication, or reproduction of Content

21. FEEDBACK

We welcome your questions and comments. Please send them to info@samplesite.com.

22. TERMS OF USE FOR ALL SERVICES

Autism Today offers a variety of online programs (the "Programs") as a convenience to its participating professionals and persons interested in engaging a professional (the "Consumer") to perform or receive services ("Services") or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of Autism Today and its Affiliates to offer the Programs, you expressly acknowledge and agree that use of the Programs are at your sole risk. Autism Today and its Affiliates expressly disclaim any and all warranties of any kind, express or implied.

In no event will Autism Today's liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00. Autism Today and its Affiliates do not provide, nor will they provide, any service to or for you, nor is Autism Today and its Affiliates a party to any agreement which you may enter into with a Professional.

23. BRAND AGREEMENT

Legal Disclaimer: By logging in to your Autism Today account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer's products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.