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.
5. PRIVACY POLICY
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.
13. INDEMNIFICATION
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.
14. TERMINATION
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.
15. NOTICE
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.
18. LAWS
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.