Terms and Condition of Website Use
Please read these terms and conditions carefully before using this web site. Your use of this web site (the “Site”) requires that you accept the following terms and conditions. By using the Site, you agree to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Site.
- Copyright. Except for items in the public domain, the information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) the Center for Autism and Related Disorders (“the Company” or “CARD”) and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, and the entire contents of the Site is copyrighted under United States copyright laws. Nothing contained on this site should be construed as granting any license or right to use any of the Materials without the written permission of CARD.
- Age and Responsibility. You represent that you are of legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information.
- No warranties and Limitation of Liability. Your use of the Site is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material obtained through the Site.
THE SITE IS PROVIDED “AS IS”, AND NEITHER CARD NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by CARD or any of its content providers, agents, or the like shall create any warranty. Neither CARD nor any of its content providers, agents, or the like warrants that access to, or use of, the Site will be uninterrupted, virus free, or error-free, or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality. CARD ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT CARD KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, CARD, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.
- Limitation of Liability. CARD and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tort, negligence, or under any other cause of action. For further clarity, in all events, CARD and all its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. This section does not apply in jurisdictions that do not allow implied warranties to be excluded or modified or liability to be limited.
- Indemnification. You agree to indemnify CARD and all of its content providers in each instance from and against any and all claims, suits, liabilities, expenses (including attorneys’ fees), and/or damages arising out of claims based upon your use of the Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
- Third Party Sites. This Site may contain content, links and other information submitted by third parties over whom CARD has no control or responsibility. Third party sites are not under our control, and you acknowledge that CARD is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites.
- Governing Law. This Agreement and its performance shall be governed by the laws of the state of Texas, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Texas controversies arising out of your use of this site and this Agreement.
- No Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and CARD nor the trade practice shall modify any provision of these Terms and Conditions.
- Modification. CARD may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
- Severability. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Intellectual Property Notices. All contents of the Site are Copyright ©CARD 5850 Granite Parkway Suite 600, Plano Texas 75024. All rights reserved. CARD and other names of CARD are trademarks or registered trademarks of CARD. Other product and company names mentioned in the Site are the trademarks of their respective owners.
- Entire Agreement. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter here of and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.