Terms of Use

Welcome to the CARD website service (the “Service”). The following Terms of Use apply when you view or use the Service. Please review the following terms carefully. By accessing or using the Service, you are agreeing to those Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

The Center for Autism and Related Disorders, LLC (“CARD”) respects the privacy of its Service users. Please refer to CARD’s Privacy Policy which explains how CARD collects, uses and discloses information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

USE RESTRICTIONS

Your permission to the use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstance:

• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• Use the Service for any unlawful purpose or for the promotion of illegal activities;
• Attempt to, or harass, abuse or harm another person or group;
• Use another user’s account without permission; provide false or inaccurate information when using this Service
• Interfere or attempt to interfere with the prover function of the Service;
• Make any automated use of the system, or take any action that CARD deems to impose or to potentially impose an unreasonable or disproportionately large load on CARD’s servers or network infrastructure;
• Bypass any robot exclusion headers or other measure CARD takes to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate date; or
• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

You are solely responsible for the User Content you upload, link or otherwise make available via the Service. You agree that CARD and the Service are only acting as the passive conduit for your online distribution and publication of your User Content. CARD, however, reserves the right to remove any User Content from the Service at its sole discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed into or while using your account:
• You will not post information that is malicious, false or inaccurate;
• You will not submit content that is copyrighted or subject to third party proprietary rights, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from its rightful owner to specifically submit such content; and
• You hereby affirm CARD has the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, removes any and/or all of your submissions, and/or terminate your account with or without prior notice.

You acnkowledge that any liability, loss or damage that occurs as a result of the use of any User Content you make available or access through your use of the Service is solely your responsibility. CARD is not responsible for any public display or misuse of User Content. CARD does not, and cannot, pre-screen or monitor all User Content. However, at CARD’s discretion, it or the technology it employs, may monitor and/or record your interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by CARD, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. CARD does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does CARD adopt nor endorse, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than CARD. CARD takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will CARD be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though CARD strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. CARD reserves the right, but has no obligation, to monitor materials posted in the public areas of the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates the rights of any person or entity or that which CARD deems unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by CARD as private to the extent required by applicable law. CARD shall have the right to remove any such materials that in its sole opinion violates, or is alleged to violate, the law or this agreement or which may be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of the Service, please contact ContactUs@centerforautism.com

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, CARD may provide you with convenient links to third party websites (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party App, Software or Content”). These links are provided as a courtesy to Service subscribers. CARD has no control over Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these. Third Party Sites and Third Party Applications, Software or Content. Such Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by CARD, and CARD is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use, or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by CARD. Should you decide to leave the website and access the Third Party Sites or use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that CARD’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from the website or relating to any applications you use or install from the website.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts

CARD respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, CARD has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. CARD may terminate access for participants or users who are found repeatedly to provide or post protected third party content with the

(b) DMCA Take-down Notices

If you are a copyright owner and an agent thereof and believe, in good faith, that any materials provided on the Service infringe on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S. C. 512) (“DMCA”) by sending the following information in writing to CARD’s general counsel, Jabiz Zolfaghari at: J.Zolfaghari@centerforautism.com

1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on that site or website;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable CARD to locate such work;
5. Information reasonably sufficient to permit the Service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith believe that the manner of use of the material is not authorized by the copyright owner, its agent or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter Notices

If you believe that your User Content that has been removed from the website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or as pursuant by law to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth

1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before removal;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification of the contents; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Federal Court in California and a statement that you accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by CARD’s copyright agent, CARD may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (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 (in CARD’s discretion) be reinstated on the Website in 10 to 14 business days or more, after receipt of the counter notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant to CARD a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that CARD and CARD’s licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. CARD reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to CARD or any of its officers, employees, agents or representatives in any situation where notice to CARD is required by contract, law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from CARD in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communication that CARD provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

CARD may also use your email address to send you other messages, including information about CARD and special offers. You may opt out of such email by changing your account settings or sending an email to ContactUs@centerforautism.com or mail to the following postal address:

CARD Website
Customer Service
21600 Oxnard St., 18th Floor
Woodland Hills, CA 91367

Opting out may prevent you from receiving messages regarding CARD or special offers.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CARD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CARD MAKES NO WARRANTY OR PRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARD, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH CARD OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY.

If you have a dispute with one or more users, or merchant, product, or service using the Service, you release CARD and its officers, directors, agents, subsidiaries, joint ventures and employees from claims and damages, actual or consequential, of every kind and nature, known and unknown, arising out of, or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542 which states: “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.”

MODIFICATION OF TERMS OF USE

CARD may amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you continue to use the Website, you signify your agreement to the revisions to these Terms of Use. However, CARD will notify you of material changes to the terms by posting a notice on the homepage and/or sending an email to the email address you provide to CARD upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of CARD’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of CARD. No purported waiver or modification of this Agreement by CARD via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining partition will remain in full force and effect. Any failure on the part of CARD to enforce any provision of this Agreement will not be considered a waiver of its right to enforce such provision. CARD’s rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or airing out of your relationship with CARD must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the website are governed by the federal laws of the United States of America and the laws of the State of California without regard to conflict of law provisions.

CARD may assign or delegate these Terms of Service and/or CARD’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without CARD’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AT Privacy Policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CARD AND YOU, AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CARD AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.