Terms of service
AUTISM SPEAKS
TERMS OF SERVICE FOR MY AUTISM GUIDE PORTAL
Last updated: 2021-06-18
Please read these terms of service carefully.
Autism Speaks Canada (“ASC” or “we”) invites you and/or your child(ren) (“you” or “your”), to join the My Autism Guide Portal (the “My Autism Guide” or “MAG”), which you can access at https://myautismguide.ca. The goal of the My Autism Guide is to provide the autism community with personalized information throughout the lifespan of an individual.
These terms of service (the “Terms of Service”) contain important information about the My Autism Guide. Your use of the My Autism Guide (excluding any services provided by ASC Canada under a separate agreement) is subject to the terms of the legal agreement between you and ASC set forth in these Terms of Service.
By clicking to accept the Terms of Service or using the My Autism Guide you agree to be bound by these Terms of Service.
- 1. Access and Use of the MY AUTISM GUIDE
- Registration. If you choose to register for the My Autism Guide, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the My Autism Guide’s registration form to create your user account (“Registration Information”). If you are under 13 years of age, you are not authorized to use the My Autism Guide, with or without registering. In addition, if you are under 18 years old, you may use the 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 ASC has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, ASC has the right to suspend or terminate your account and refuse any and all current or future use of the My Autism Guide (or any portion thereof). If you invite anyone under the age of 18 (an “Underaged Person”) to use the My Autism Guide, you agree to be solely responsible for the Underage Person’s use of same.
- Password and Security. You are responsible for maintaining the confidentiality of your Registration Information (and related usernames) and password and are fully responsible for any and all activities that occur under your Registration Information. You agree to (a) immediately notify ASC of any unauthorized use of your password or Registration Information or any other breach of security, and (b) ensure that you log out from the Portal at the end of each session when accessing the My Autism Guide. ASC will not be liable for any loss or damage arising from your failure to comply with this Subsection 1(b). Further, you agree not to allow third parties to access the My Autism Guide or ASC ’s website through your username and password.
- Modification of the My Autism Guide. ASC reserves the right to modify the form and nature of the My Autism Guide, or discontinue, temporarily or permanently, the My Autism Guide (or any part thereof) with or without notice. You agree that ASC will not be liable to you or to any third party for any modification, suspension or discontinuance of the My Autism Guide. ASC may also, in its sole discretion, restrict access to the website for any reason.
- General Practices. You acknowledge that ASC may establish general practices and limits concerning use of the My Autism Guide, including without limitation the maximum period of time that data or other content, will be retained by the My Autism Guide and the maximum storage space that will be allotted on ASC’ or its partners’, affiliates’, or service providers’ servers on your behalf. You agree that ASC has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the My Autism Guide. You acknowledge that ASC reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ASC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Portal Access. In order to use the 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 ASC may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the My Autism Guide or on the amount of storage space used for the provision of the My Autism Guide’s services, such fixed upper limits may be set by ASC at any time, at ASC’ discretion.
- Termination of Your Account. You may stop using the My Autism Guide at any time. You do not need to specifically inform ASC when you stop using the My Autism Guide unless you are requesting deletion of your account. ASC assumes no responsibility for the use of the My Autism Guide outside the terms of this Terms of Service or other applicable terms.
- 2. Privacy and confidentiality.
ASC respects your right to privacy. Any personal information collected in connection with your Registration Information and use of the My Autism Guide shall be done in accordance with ASC Privacy Policy, which forms part of these Terms of Service. User is responsible for its compliance with all applicable privacy laws and covenants that all personal data and information provided to ASC or uploaded to the My Autism Guide is provided in compliance with applicable laws.
- 3. Security.
ASC has implemented security policies and practices that are designed to protect the security and integrity of the My Autism Guide; however, ASC does not guarantee the security of the My Autism Guide or the security or integrity of any communications between the you and the My Autism Guide. You acknowledge that you alone are responsible for ensuring you have a secure connection to access the My Autism Guide and implementing security safeguards to protect yourself when accessing and using the My Autism Guide, including taking precautions against viruses, worms, trojan horses and other items of a disabling or destructive nature.
- 4. 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 (“User Content”) that you upload, post, publish or make available to ASC (hereinafter, “Upload”). ASC reserves the right to investigate and take appropriate action if, in ASC’ sole discretion, any User Content Uploaded is illegal or prohibited User Content (including User Content that includes any of the content listed below). Such actions may include without limitation, removing the offending Content from the My Autism Guide, suspending or terminating Your access to the Portal and reporting you to the law enforcement authorities. You agree to not use the My Autism Guide to:
- email or otherwise Upload any content that (1) infringes any intellectual property or other proprietary rights of any party, (2) 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; (3) contains malicious software code, including 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, (4) poses or creates a privacy or security risk to the platform or any person, (5) 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, (6) 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 (7) in the sole judgment of ASC , is objectionable or which restricts or inhibits any other person from using or enjoying the My Autism Guide, or which may expose ASC or its users to any harm or liability of any type;
- interfere with or disrupt the My Autism Guide or servers or networks connected to the My Autism Guide, or disobey any requirements, procedures, policies or regulations of networks connected to the My Autism Guide; or violate any applicable provincial local, 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 the 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 My Autism Guide;
- add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the My Autism Guide;
- "stalk" or otherwise harass another person;
- use any information received through the 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 the 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 the My Autism Guide or have been communicated to you by anyone affiliated with ASC; or
- violate any of the obligations contained in these Terms of Service, including, but not limited to, those contained in Section 7 hereof pertaining to intellectual property rights.
- You acknowledge and agree that you are solely responsible for (and that ASC 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 ASC may suffer) of any such breach. If you breach these Terms of Service and/or ASC has a reasonable ground to suspect that you have violated the terms of these Terms of Service, ASC may suspend or terminate your access to and use of the Portal (or any portion thereof).
- User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or make available to ASC (hereinafter, “Upload”). ASC reserves the right to investigate and take appropriate action if, in ASC’ sole discretion, any User Content Uploaded is illegal or prohibited User Content (including User Content that includes any of the content listed below). Such actions may include without limitation, removing the offending Content from the My Autism Guide, suspending or terminating Your access to the Portal and reporting you to the law enforcement authorities. You agree to not use the My Autism Guide to:
- 5. NON-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 the My Autism Guide, use of the My Autism Guide, or access to the My Autism Guide. The My Autism Guide is for your personal use only.
- 6. Material Posted Through the MY AUTISM GUIDE.
ASC may not exercise control any of the User Content (as defined below) posted via the My Autism Guide and, as such, does not guarantee the accuracy, integrity, or quality of such non-ASC content. You understand that by using the My Autism Guide, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will ASC be liable in any way for any non-ASC 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 the My Autism Guide. You acknowledge that ASC 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 the My Autism Guide. Without limiting the foregoing, ASC and its designees shall have the right to remove any content that violates the Terms of Service or is deemed by ASC, 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.
- 7. Intellectual Property Rights.
- Service Content. You acknowledge and agree that all right, title, and interest (including all intellectual property rights) in and to the My Autism Guide and any content on the My Autism Guide (exclusive of User Content contributed by you), including but not limited to graphics, design, compilation, interfaces, computer code, products, software (these content, the “Service Content”) are and will remain the sole and exclusive property of ASC or its third party licensors, as applicable. Any rights not expressly granted under this Agreement are reserved by ASC. Except as expressly authorized by ASC, you agree not to modify, copy, reverse engineer, frame, rent, lease, loan, sell, distribute, publish, or create derivative works based on the My Autism Guide or the Service Content, in whole or in part. In connection with your use of the 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 ASC from accessing the 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 the My Autism Guide or the Service Content other than as specifically authorized herein is strictly prohibited. To the extent that ASC identify any Service Content or other information on the My Autism Guide as confidential, you agree that you will not disclose such information without ASC’ prior written consent.
- Trademarks. The ASC name and logos are trademarks and business names of Autism Speaks, Inc and Autism Speaks Canada, Inc. (collectively the “Autism Speaks Trademarks”). Other company, product, and service names and logos used and displayed via the My Autism Guide may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to ASC. Nothing in this Terms of Service or the My Autism Guide should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ASC Trademarks displayed on the My Autism Guide without our prior written permission in each instance. All goodwill generated from the use of ASC Trademarks will inure to our exclusive benefit.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the My Autism Guide or in or on any Service Content.
- 8. Licenses.
- Use of the My Autism Guide. ASC authorizes You to access and use the My Autism Guide solely for the purpose of searching, accessing, downloading and reviewing My Autism Guide content (in print, audio, video or other provided format) for informational purposes only and solely for Your own use.
- 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").
- User Content.
- With respect to the User Content or other materials you upload through the My Autism Guide, 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.
- ASC does not claim ownership of the User Content you provide to ASC (including feedback and suggestions) or post, Upload, input, or submit to the 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 the My Autism Guide. However, by submitting, posting, or displaying User Content, you give ASC 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 the My Autism Guide.
- Third Party Material. Under no circumstances will ASC 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 ASC does not pre-screen content, but that ASC 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 the My Autism Guide. Without limiting the foregoing, ASC and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ASC, 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 the My Autism Guide (“Submissions”), provided by you to ASC are non-confidential and ASC 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 ASC 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 ASC, its users and the public.
- 9. Risks and Considerations Regarding Services.
- The My Autism Guide does not contain medical advice and is for your informational, educational and social use only. All information, including text, graphics, images, videos and any other material, including any links to such materials, are provided for informational and educational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. 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. Never disregard or delay seeking professional medical advice or treatment because of something you have seen or read on the My Autism Guide or elsewhere on the Internet.
- ASC 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. ASC 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 ASC, ASC’ employees, others appearing on our website at the invitation of ASC, or other visitors to our website is solely at your own risk.
- Although efforts are taken to keep any medical information on or linked through this website updated, we cannot guarantee that the information on this website is correct or reflects the most up-to-date medical research. Some content on this website may be non-medical content prepared or created by individuals who are not health care professionals and is presented on this website to provide a first-hand perspective of lay-persons on certain diseases or conditions. The views or opinions of any third parties expressed in the links provided though The My Autism Guide by such third parties do not necessarily reflect the views of the operators of this website.
- 10. User Representations.
- You understand and agree that your participation in the 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 the My Autism Guide.
- You understand and agree that information you learn from ASC 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 ASC services are intended for research, informational, and educational purposes only, and that while ASC 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 ASC 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 Subsection 1(a), to use the My Autism Guide.
- 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 ASC’ databases and will be processed in accordance with these Terms of Service.
- You agree that you have the authority, under the laws of the province or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations ASC has the right to suspend or terminate your account and refuse any and all current or future use of the My Autism Guide (or any portion thereof). You hereby agree to defend and indemnify ASC and its affiliates against any liability, costs, or damages, including reasonable attorneys’ fees, arising out of the breach of the representations.
- 11. Third Party Websites AND CONSENT; Dealings with Information Providers and Listed Resources.
The My Autism Guide may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ASC has no control over such sites and resources and ASC is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ASC 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 the My Autism Guide are between you and the third party, and you agree that ASC is not liable for any loss or claim that you may have against any such third party.
- 12. Indemnity and Release.
- You agree to release, indemnify and hold ASC and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, liability, or costs, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use and/or misuse of the My Autism Guide; (ii) any User Content; (iii) your violation of these Terms of Service or your violation of any rights of another; (iv) access and use of your Registration Information by any third parties; or (v) any use of your My Autism Registration Information by an Underaged Person.
- 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.
- 13. 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. ASC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ASC 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 PORTAL WILL BE ACCURATE OR RELIABLE, OR (IV) INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE PORTAL WILL MEET YOUR EXPECTATIONS.
ANY SERVICE CONTENT 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 ASC 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. ASC DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN MY AUTISM GUIDE AND, THEREFORE, ASC 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.
- 14. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASC 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 ASC 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 PORTAL. IN NO EVENT WILL ASC’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE DOLLAR ($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.
- 15. User Disputes.
You agree that you are solely responsible for your interactions with any other user in connection with the My Autism Guide and that ASC will have no liability or responsibility with respect thereto. ASC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the My Autism Guide.
- 16. Termination.
You agree that ASC, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the My Autism Guide and remove and discard any content within the My Autism Guide, for any reason, including, without limitation, (i) for lack of use, (ii) if ASC 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) if ASC is required to do so by law (for example, where the provision of the My Autism Guide to you is, or becomes, unlawful), (v) if ASC is transitioning to no longer providing the My Autism Guide to users in the country or province in which you reside or from which you use the My Autism Guide, or (vi) the provision of the My Autism Guide to you by ASC is, in ASC’ opinion, no longer commercially or financially viable. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the My Autism Guide and may be referred to appropriate law enforcement authorities. ASC may also in its sole discretion and at any time discontinue providing the My Autism Guide, or any part thereof, with or without notice. You agree that any termination of your access to the My Autism Guide under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ASC 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 the My Autism Guide. Further, you agree that ASC will not be liable to you or any third party for any termination of your access to the My Autism Guide.
- 17. Surveys.
ASC desires to continually improve the My Autism Guide and may contact you regarding you use of the My Autism Guide. ASC may also contact ASC about other studies it has conducted, is conducting, or may conduct in the future.
- 18. General
- Entire Agreement. These Terms of Service and ASC’ Privacy Policy, constitute the entire agreement between you and ASC and govern your use of the My Autism Guide, superseding any prior agreements between you and ASC with respect to the 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.
- Participation Voluntary. Your participation in and use of the Portal is entirely voluntary, and you understand that you may stop participating in, or decline to participate in or use all or any portion of, the Portal at any time and for any reason. In addition, your participation in the Portal may be terminated by ASC at any time.
- Language. It is the express wish of the parties hereto that the Terms of Service be drawn up in English. The parties hereto hereby waive any right to use and rely upon any other language.
- Governing Law. These Terms of Service will be governed by the laws of the Province of Ontario 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 ASC agree to submit to the personal and exclusive jurisdiction of the province of Ontario. The failure of ASC to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the My Autism Guide, including as it concerns online conduct and acceptable content.
- Severability. 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.
- Limitation Period. 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 the 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.
- Assignment. You may not assign this Terms of Service without the prior written consent of ASC, but ASC may assign or transfer this Terms of Service, in whole or in part, without restriction.
- Interpretation. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- Waiver. No failure or delay by ASC in exercising any right hereunder will waive any further exercise of that right.
- Notices. All notices or approvals required or permitted under the Terms of Service will be in writing and delivered by email transmission, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to ASC at guide@autismspeakscan.ca. Notices to you may be made via either email or regular mail. The 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 the My Autism Guide.
- Modification. 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://myautismguide.ca] 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 the 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 the My Autism Guide or changes made for legal reasons will be effective immediately. Your continued use of the My Autism Guide after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
- 19. Questions
If you have any questions, you understand that you may contact ASC via email at guide@autismspeakscan.ca.