1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
AutismSupportNetwork.com (“ASN ” or the “Service”), owned and operated by Olim, LLC (“OLIM”), is provided to you (“Member”) under the terms and conditions of this ASN Terms of Service (ASNTS) and any operating rules or policies that may be published by Olim. The ASNTS comprises the entire agreement between Member and ASN and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY USING ASN OR COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ASNTS.
2. DESCRIPTION OF SERVICE
ASN provides Member with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE
OLIM may change the terms and conditions of the ASNTS from time to time. Upon major changes in the terms and conditions of the ASNTS, OLIM will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the “I Accept” button that will follow the posted changes. If you do not click the “I Accept” button, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the ASNTS will be posted to ASN and/or delivered through email or newletter communications to Members.
Member’s continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the ASNTS and ASNTS modifications; and (2) agreement by Member to abide and be bound by the ASNTS and ASNTS modifications.
4. MODIFICATIONS TO SERVICE
OLIM reserves the right to modify or discontinue the Service with or without notice to Member. OLIM shall not be liable to Member or any third party should OLIM exercise ASNTS right to modify or discontinue the Service.
All information entered into ASN by Member is private to Member except to the extent that he or she opts to share that information with other ASN Members and/or the public, through ASN or otherwise.
It is OLIM’s policy to respect the privacy of Members. Therefore, OLIM will not disclose to any third party Member’s name or contact information. OLIM will also not monitor, edit, or disclose the contents of a Member’s information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on OLIM; (2) protect and defend the rights or property of OLIM; or (3) act under exigent circumstances to protect the personal safety of ASNTS members or the public; (4) fix or debug problems with the ASN software/service.
6. CONTENT OWNERSHIP & RESPONSIBILITY
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through ASN or otherwise enters into ASN services.
Member acknowledges and agrees, however, that OLIM may, through ASN or ASN promotional activities, reference and promote Member-related content in promoting the existence of ASN to others.
Member acknowledges and agrees that OLIM neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account.
Member agrees to immediately notify OLIM of any unauthorized use of Member’s account or any other breach of security known to Member.
8. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
OLIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OLIM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
OLIM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE USE AND CONTENT WITHIN THE SERVICE ARE ENTIRELY FOR ENTERTAINMENT PURPOSES ONLY; OLIM MAKES NO WARRANTY AS TO THE VERACITY OR QUALITY OF ANY CONTENT WITHIN THE SITE, NOR MAKES ANY RECOMMENDATION FOR ANY RECOMMENDATION, INFORMATION, LISTING OR POSTING WHATSOEVER. YOU EXPLICITLY ACKNOWLEGE THIS BY REGISTERING FOR THE SERVICE AND AGREE TO HOLD OLIM HARMLESS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
OLIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE
Member agrees not to resell the Service, without the express consent of OLIM.
11. STORAGE AND OTHER LIMITATIONS
OLIM assumes no responsibility for the deletion or failure to store information entered into ASN.
OLIM has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, OLIM retains the right, at OLIM’s sole discretion, to determine whether or not Member’s conduct is consistent with the letter and spirit of the ASNTS and may terminate Service if a Member’s conduct is found to be inconsistent with the ASNTS.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees to not use the Service to: (a) upload, post or otherwise transmit 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; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a OLIM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit 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); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit 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; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) “stalk” or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
OLIM may, at its sole discretion, immediately terminate Service should Member’s conduct fail to conform with these terms and conditions of the ASNTS.
Member agrees to indemnify and hold OLIM and Leverage Software Inc. and jointly thier, parents, subsidiaries, affiliates, officers, consultants and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member’s use of the Service, the violation of this ASNTS by Member, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity.
Either Member or OLIM may terminate the Service with or without cause at any time and effective immediately. OLIM shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the ASNTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member’s only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member’s right to use the Service and Software immediately ceases. Member shall have no right and OLIM will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. OLIM may broadcast notices or messages through the Service to inform Member of changes to the ASNTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. OLIM assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service (“Content”) by OLIM or OLIM’s Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
The ASNTS shall be governed by and construed in accordance with the laws of the state of Connecticut, excluding ASNTS conflict of law provisions.
Member and OLIM agree to submit to the exclusive jurisdiction of the courts of the state of Connecticut. If any provision(s) of the ASNTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
OLIM’s failure to exercise or enforce any right or provision of the ASNTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OLIM in writing.
Member and OLIM agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the ASNTS are solely used for the convenience of the parties and have no legal or contractual significance.