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:
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 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.
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.
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.
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
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
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
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.
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.
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.
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.
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:
21600 Oxnard St., 18th Floor
Woodland Hills, CA 91367
Opting out may prevent you from receiving messages regarding CARD or special offers.
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.
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.”
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.