By registering for, accessing, or using Autism Club House you agree to be bound by these Terms of Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on https://autismclubhouse.ae https://autismclubhouse.ae . https://autismclubhouse.org and will indicate at the top of the Terms of Service page the date these terms were last revised. We will also endeavor to notify you, either through My Autism Guide user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of My Autism Guide or changes made for legal reasons will be effective immediately. Your continued use of My Autism Guide after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AUTISM club House ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- Uses and Sharing of Information.
Autism Club House may use any information you provide at any time while using My Autism Guide for its internal purposes, including to improve the functionality of My Autism Guide.
- Other Disclosures of Your Information.
- Autism Club House may disclose any information you provide at any time while using My Autism Guide to third parties in connection with (i) a sale, merger, reorganization, dissolution or similar change of control event; (ii) the hiring of a service provider or other third party to perform business-related functions on its behalf; (iii) the need to comply with legal requirements; or (iv) protecting itself against legal liability or protecting and defending the rights, property or safety of me, itself or others.
- Please be aware of the fact that the information you provide may be deemed to include personally identifiable health information (“PHI”) as such is defined in the Health Insurance Portability and Access Act (“HIPAA”). By using My Autism Guide you specifically waive the right to seek protection of your PHI under HIPAA or claim that any direct or indirect Autism Club House disclosure of your PHI violates HIPAA or other relevant laws or regulations.
- Access and Use of My Autism Guide.
- Your Registration Obligations. If you choose to register for My Autism Guide, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by My Autism Guide’s registration form (“Registration Information”). If you are under 13 years of age, you are not authorized to use My Autism Guide, with or without registering. In addition, if you are under 18 years old, you may use My Autism Guide, with or without registering, only with the approval and supervision of your parent or guardian. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Autism Club House has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Autism Club House has the right to suspend or terminate your account and refuse any and all current or future use of My Autism Guide (or any portion thereof). If you invite anyone under the age of 18 (an “Underaged Person”) to register for or otherwise use My Autism Guide, you agree to be solely responsible for the same, and further agree to indemnify, defend and hold harmless Autism Club House and its employees, representative, and officers against any and all claims, suits, actions, or proceedings resulting from or in connection with registration on or use of My Autism Guide by an Underaged Person.
- Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Autism Club House of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing My Autism Guide. Autism Club House will not be liable for any loss or damage arising from your failure to comply with this Section 3.2. Further, if you allow third parties to access Autism Club House website through your username and password, you will defend and indemnify Autism Club House and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
- Modification of My Autism Guide. Autism Club House reserves the right to modify the form and nature of My Autism Guide, or discontinue, temporarily or permanently, My Autism Guide (or any part thereof) with or without notice. You agree that Autism Club House will not be liable to you or to any third party for any modification, suspension or discontinuance of My Autism Guide. Autism Club House may also, in its sole discretion, restrict access to the website for any reason.
- General Practices Regarding Use and Storage: You acknowledge that Autism Club House may establish general practices and limits concerning use of My Autism Guide, including without limitation the maximum period of time that data or other content, will be retained by My Autism Guide and the maximum storage space that will be allotted on Autism Club House or its partners’, affiliates’, or service providers’ servers on your behalf. You agree that Autism Club House has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by My Autism Guide. You acknowledge that Autism Club House reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Autism Club House reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- My Autism Guide Portal Access. In order to use My Autism Guide, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge that while Autism Club House may not currently have set a fixed upper limit on the number of transmissions you may send or receive through My Autism Guide or on the amount of storage space used for the provision of My Autism Guide’s services, such fixed upper limits may be set by Autism Club House at any time, at Autism Club House discretion.
- Termination of Your Account. You may stop using My Autism Guide at any time. You do not need to specifically inform Autism Club House when you stop using the Community Portal unless you are requesting deletion of your account. Autism Club House assumes no responsibility for the use of My Autism Guide Portal outside the terms of this Terms of Service or other applicable terms.
- Your Privacy.
- The privacy of your information and your use of My Autism Guide is governed by the terms hereof, including but not limited to those set forth in Section 2 – Disclosure of Your Information.
- You acknowledge and agree that Autism Club House has the right to (i) monitor any use of My Autism Guide by its personnel at any time and maintain copies documenting such monitoring; (ii) use and disclosure any information uploaded or contained in My Autism Guide as set forth in Sections 1 and 2 hereof.
- You understand that the technical processing and transmission of My Autism Guide, including your Registration Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices.
- Conditions of Use.
- User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via My Autism Guide. The following are examples of the kind of Content and/or use that is illegal or prohibited by Autism Autism Club House. Autism Club House reserves the right to investigate and take appropriate legal action against anyone who, in Autism Club House sole discretion, violates this provision, including without limitation, removing the offending Content from My Autism Guide, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use My Autism Guide to:
- email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party, (ii) constitutes inside information, proprietary or confidential information under any law, contractual or fiduciary relationship or was learned or disclosed as part of employment relationships or under nondisclosure agreements; (iii) 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, (iv) poses or creates a privacy or security risk to any person, (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation, (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable, or (vii) in the sole judgment of Autism Club House, is objectionable or which restricts or inhibits any other person from using or enjoying My Autism Guide, or which may expose Autism Club House or its users to any harm or liability of any type;
- interfere with or disrupt My Autism Guide or servers or networks connected to My Autism Guide, or disobey any requirements, procedures, policies or regulations of networks connected to My Autism Guide; or violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from any Underaged Person; or harm such persons in any way;
- harvest or collect email addresses or other contact information of other users from My Autism Guide by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal or potentially illegal activities;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Community Portal;
- add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through My Autism Guide;
- “stalk” or otherwise harass another;
- use any information received through My Autism Guide to attempt to identify other users, to contact other users (other than through features for contacting other users), or for any forensic use;
- download any file posted by another user of My Autism Guide that you know, or reasonably should know, cannot legally be distributed in such manner;
- violate the Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of My Autism Guide or have been communicated to you by anyone affiliated with Autism Club House; or
- violate any of the obligations contained in these Terms of Service, including, but not limited to, those contained in Section 8 hereof pertaining to intellectual property rights.
- User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via My Autism Guide. The following are examples of the kind of Content and/or use that is illegal or prohibited by Autism Autism Club House. Autism Club House reserves the right to investigate and take appropriate legal action against anyone who, in Autism Club House sole discretion, violates this provision, including without limitation, removing the offending Content from My Autism Guide, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use My Autism Guide to:
You acknowledge and agree that you are solely responsible for (and that Autism Club House has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service or for the consequences (including any loss or damage which Autism Club House may suffer) of any such breach. If you violate the terms of these Terms of Service and/or Autism Club House has a reasonable ground to suspect that you have violated the terms of these Terms of Service, Autism Club House may suspend or terminate your account and refuse any and all current or future use of My Autism Guide (or any portion thereof) and you will defend and indemnify Autism Club House and its affiliates against any liability, costs, or damages, including reasonable attorneys’ fees, arising out of the breach of the representations contained in these Terms of Service.
- Fees. You will not be charged any monetary fees for your use of My Autism Guide.
- Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of My Autism Guide, including as it concerns online conduct and acceptable content.
- Commercial Use. Unless otherwise expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of My Autism Guide, use of My Autism Guide, or access to My Autism Guide. My Autism Guide is for your personal use only.
- Material Posted Through My Autism Guide. Autism Club House may not exercise control any of the User Content (as defined below) posted via My Autism Guide and, as such, does not guarantee the accuracy, integrity, or quality of such non- Autism Club House content. You understand that by using My Autism Guide, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Autism Club House be liable in any way for any non Autism Club House content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via My Autism Guide. You acknowledge that Autism Club House and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via My Autism Guide. Without limiting the foregoing, Autism Club House and its designees shall have the right to remove any content that violates the Terms of Service or is deemed by Autism Club House, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Intellectual Property Rights. You acknowledge and agree that Autism Club House (or Autism Club House licensors , as applicable) own all legal right, title, and interest in and to My Autism Guide, including any intellectual property rights (including but not limited to patents) which subsist in My Autism Guide (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that My Autism Guide may contain information which is designated confidential by Autism Club House and that you shall not disclose such information without Autism Club House ‘ prior written consent.
- Service Content, Software and Trademarks.
- You acknowledge and agree that My Autism Guide may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Autism Club House, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on My Autism Guide or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Community Portal. In connection with your use of My Autism Guide you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Autism Club House from accessing My Autism Guide (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of My Autism Guide or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying My Autism Guide or distributed in connection therewith are the property of Autism Club House, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Autism Club House.
- Except as expressly authorized by Autism Club House, you agree not to, and not to permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of My Autism Guide, Service Content or Software or any part thereof, in whole or in part.
- Service Content and Software, if any, that is made available to download from My Autism Guide, excluding software that may be made available by end-users through the Community Portal, is the copyrighted work of Autism Club House and/or its suppliers. Your use of the Service Content and Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Service Content or Software (“License Agreement“). You may not install or use any Service Content or Software that is accompanied by or includes a License Agreement unless you first agree to the terms of said License Agreement.
- The Autism Club House name and logos are trademarks and service marks of Autism Club House (collectively the “Autism Club House Trademark”). Other company, product, and service names and logos used and displayed via My Autism Guide may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Autism Club House. Nothing in this Terms of Service or the Community Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Autism Club House Trademarks displayed on My Autism Guide, without our prior written permission in each instance. All goodwill generated from the use of Autism Club House Trademarks will inure to our exclusive benefit.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within My Autism Guide.
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- User Content.
- With respect to the Content or other materials you upload through My Autism Guide or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
- Autism Club House does not claim ownership of the User Content you provide to Autism Club House (including feedback and suggestions) or post, upload, input, or submit to My Autism Guide. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through My Autism Guide. However, by submitting, posting, or displaying User Content, you give Autism Club House and its affiliates and their successors and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sublicensable and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, upload, store, edit, reformat, otherwise use and create derivative works from any User Content that you submit, post, or display on or through My Autism Guide.
- You understand that Autism Club House, in performing the required technical steps to provide My Autism Guide to our users, may (A) transmit or distribute your User Content over various public networks and in various media; and (B) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Autism Club House to take these actions. You represent and warrant to Autism Club House that you have all the rights, power, and authority necessary to grant the above license.
- Third Party Material. Under no circumstances will Autism Club House be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Autism Club House does not pre-screen content, but that Autism Club House and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via My Autism Guide. Without limiting the foregoing, Autism Club House and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Autism Club House, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Disclosure of Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about My Autism Guide (“Submissions”), provided by you to Autism Club House are non-confidential and Autism Club House will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Preservation of Content. You acknowledge and agree that Autism Club House may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Autism Club House, its users and the public.
- DMCA Policy.
- Copyright Complaints. Autism Club House respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Autism Club House of your infringement claim in accordance with the procedure set forth below.
- Autism Club House will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Autism Club House Copyright Agent at copyright@mss.ng (Subject line: “DMCA Takedown Request”).
- To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is being infringed is located on the Community Portal, with enough detail that we may find it on My Autism Guide;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located UAE and EUROPEAN UNION, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Copyright Complaints. Autism Club House respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Autism Club House of your infringement claim in accordance with the procedure set forth below.
- User Content.
- Service Content, Software and Trademarks.
If a counter-notice is received by the Copyright Agent, Autism Club House will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Autism Club House has adopted a policy of terminating, in appropriate circumstances and at Autism Club House sole discretion, users who are deemed to be repeat infringers. Autism Club House may also at its sole discretion limit access to My Autism Guide and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Risks and Considerations Regarding Services.
- My Autism Guide, is for your informational, educational and social use only. Any information provided by Autism Club House in My Autism Guide is for informational use only. WE DO NOT PROVIDE YOU WITH MEDICAL DIAGNOSES OR MEDICAL CONCLUSIONS. The Community Portal is not intended to be used by the user for any diagnostic purpose and is not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
- Autism Club House does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your User Content and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Autism Club House believes that (a) genetics is only part of the picture of any individual’s state of being, (b) the state of the understanding of genetic information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by Autism Club House, Autism Club House employees, others appearing on our website at the invitation of A Autism Club House, or other visitors to our website is solely at your own risk.
- User Representations.
- You understand and agree that your participation in My Autism Guide is entirely voluntary, and that you are under no obligation to agree to these Terms of Service unless you wish to access My Autism Guide.
- You understand and agree that information you learn from Autism Club House is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Autism Club House services are intended for research, informational, and educational purposes only, and that while Autism Club House information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Autism Club House urges you to seek the advice of your physician or other health care provider if you have questions or concerns regarding the state of your health.
- You represent that you are of legal age, as set forth in Section 3.1, to use the Community Portal.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You represent that you are aware that some of the information you receive may provoke strong emotion.
- You agree to take responsibility for all possible consequences resulting from your sharing with others access to your User Content.
- You understand and agree that all your Registration Information will be stored in Autism Club House databases and will be processed in accordance with the these Terms of Service.
- You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Autism Club House has the right to suspend or terminate your account and refuse any and all current or future use of My Autism Guide (or any portion thereof). You hereby agree to defend and indemnify Autism Club House and its affiliates against any liability, costs, or damages, including reasonable attorneys’ fees, arising out of the breach of thee representations.
- Third Party Websites; Dealings with Information Providers and Listed Resources.
- My Autism Guide may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Autism Club House has no control over such sites and resources and Autism Club House is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Autism Club House will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using My Autism Guide are between you and the third party, and you agree that Autism Club House is not liable for any loss or claim that you may have against any such third party.
- Indemnity and Release.
- You agree to release, indemnify and hold Autism Club House and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of My Autism Guide, any User Content, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Disclaimer of Warranties.
- YOUR USE OF MY AUTISM GUIDE IS AT YOUR SOLE RISK. MY AUTISM GUIDE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. نادي دبي للتوحد EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. نادي دبي للتوحد MAKES NO WARRANTY THAT (I) MY AUTISM GUIDE WILL MEET YOUR REQUIREMENTS, (II) MY AUTISM GUIDE WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, (III) INFORMATION OBTAINED FROM YOUR USE OF THE COMMUNITY PORTAL WILL BE ACCURATE OR RELIABLE, AND (IV) INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE COMMUNITY PORTAL WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MY AUTISM GUIDE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM نادي دبي للتوحد OR THROUGH OR FROM MY AUTISM GUIDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. نادي دبي للتوحد DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN MY AUTISM GUIDE AND, THEREFORE, نادي دبي للتوحد SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM DISCLOSURE OF ANY PERSONALLY IDENTIFYING INFORMATION OR FROM YOUR PARTICIPATION IN MY AUTISM GUIDE.
- Limitation of Liability.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT نادي دبي للتوحد WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF نادي دبي للتوحد HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING THOSE DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE MY AUTISM GUIDE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MY AUTISM GUIDE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MY AUTISM GUIDE; (V) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM MY AUTISM GUIDE; (VI) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) THE IMPROPER AUTHORIZATION FOR MY AUTISM GUIDE BY SOMEONE CLAIMING SUCH AUTHORITY; OR (VII) ANY OTHER MATTER RELATING TO THE COMMUNITY PORTAL. IN NO EVENT WILL نادي دبي للتوحد TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TENDOLLARS ($10).
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MY AUTISM GUIDE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF MY AUTISM GUIDE.
- IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
- Dispute Resolution by Binding Arbitration.PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Autism Club House , whether arising out of or relating to this Terms of Service (including any alleged breach thereof), My Autism Guide, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Autism Club House are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND نادي دبي للتوحد AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND نادي دبي للتوحد AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. Autism Club House is always interested in resolving disputes amicably and efficiently, and most My Autism Guide Portal user concerns can be resolved quickly and to My Autism Guide user’s satisfaction by emailing user support at guide@autismclub house.ae guide@autismclubhouse.ae guide@autismclub house.org . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Autism Club House should be sent to 1060 State Road, 2nd Fl, Princeton, New Jersey 08540 Attn: Legal Department (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Autism Club House and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Autism Club House may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Autism Club House or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Autism Club House is entitled.
- Arbitration Procedures.
- Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Unless Autism Club House and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Any payment of attorneys’ fees incurred in connection with arbitration or as otherwise provided in these Terms of Service will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 15.2 titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 15.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 15.2 titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 15.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
- User Disputes.
- You agree that you are solely responsible for your interactions with any other user in connection with My Autism Guide and that Autism Club House will have no liability or responsibility with respect thereto. Autism Club House reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of My Autism Guide.
- Termination.
- You agree Autism Club House , in its sole discretion, may suspend or terminate your account (or any part thereof) or use of My Autism Guide and remove and discard any content within My Autism Guide, for any reason, including, without limitation, (i) for lack of use, (ii) if Autism Club House believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, (iii) if you have breached any provision of these Terms of Service (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Service), (iv) Autism Club House is required to do so by law (for example, where the provision of My Autism Guide to you is, or becomes, unlawful), (v) Autism Club House is transitioning to no longer providing My Autism Guide to users in the country or state in which you reside or from which you use My Autism Guide, or (vi) the provision of My Autism Guide to you by Autism Club House is, in Autism Club House opinion, no longer commercially or financially viable. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of My Autism Guide, and may be referred to appropriate law enforcement authorities. Autism Club House may also in its sole discretion and at any time discontinue providing My Autism Guide, or any part thereof, with or without notice. You agree that any termination of your access to My Autism Guide under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Autism Club House may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or My Autism Guide. Further, you agree that Autism Club House will not be liable to you or any third party for any termination of your access to My Autism Guide.
Autism Club House desires to continually improve My Autism Guide, and may contact you regarding you use of My Autism Guide. Autism Club House may also contact me about other studies it has conducted, is conducting, or may conduct in the future.
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- These Terms of Service constitute the entire agreement between you and Autism Club House and govern your use of My Autism Guide, superseding any prior agreements between you and Autism Club House with respect to My Autism Guide. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Autism Club House agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within UAE & EUROPEAN UNION. The failure of Autism Club House to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service 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 My Autism Guide or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Autism Club House , but Autism Club House may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. My Autism Guide may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on My Autism Guide.
If you have any questions, you understand that you may contact Autism Club House via email at guide@autismclubhouse.ae – guide@autismclubhouse.ae – guide@autismclubhouse.org
Autism Club House Inc. is a registered business name and Autism Club House as well as the puzzle piece logo noted herein are trademarks owned by Autism Club House Inc. The use of this business name or any of these trademarks by unaffiliated representatives for endorsement, advertising, promotional, and sales materials is prohibited by law.