AspergerManagement.com – Terms and Conditions of User
What the Contract Covers.
This is a contract between you and the AspergerManagement.com information Website. All of the software or services are referred to in this contract as the “service.”
Please note that we do not provide warranties for the service. The contract also limits our liability.
When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other “cooling off” period applies to the service and you waive any applicable “cooling off” period, except if the law requires a “cooling off” period despite your waiver and even when a service starts right away.
Provision of User Information
In consideration of your use of the on-line Services, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the on-line Service's registration form (such information being the "Registration Data").
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- Provide and maintain a true and valid electronic mail address for receipt of announcements and notifications regarding the on-line Services.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AspergerManagement.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AspergerManagement.com has the right to suspend or terminate your account and refuse any and all current or future use of the on-line Services (or any portion thereof).
How You May Use the Service.
In using the service, you will:
- Obey the law;
- Obey any codes of conduct or other notices we provide;
- Obey all Anti-spam legislation in force;
- Keep your service account password secret; and
- Promptly notify us if you learn of a security breach related to the service.
How You May Not Use the Service.
In using the service, you may not:
- Use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors;
- Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- Use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of stored information or “meta-searching”);
- Use any unauthorised means to modify or reroute, or attempt to modify or reroute, the service;
- Damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service; or
- Resell or redistribute the service, or any part of the service.
You will receive a password and account designation upon completing the on-line Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
Immediately notify AspergerManagement.com of any unauthorised use of your password or account and any other breach of security, and
Ensure that you exit from your account at the end of each session. AspergerManagement.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You may be able to submit materials for use in connection with the service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a “submission”). However, by posting or otherwise providing your submission, you are granting to the public free permission to:
- Use, copy, distribute, display, publish and modify your submission, each in connection with the service;
- Publish your name in connection with your submission; and
- Grant these permissions to other persons.
This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.
You acknowledge that AspergerManagement.com does not pre-screen all Content, but that AspergerManagement.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the on-line Services.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AspergerManagement.com are entirely responsible for all Content that you upload, post, email or otherwise transmit via the on-line Services. AspergerManagement.com does not control the Content posted via the on-line Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that by using the on-line Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AspergerManagement.com be liable in any way for any Content, including, but not limited to, 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 Content posted, emailed or otherwise transmitted via the on-line Services.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
You agree to not use the on-line Services to:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an AspergerManagement.com employee or overseas coordinator or representative, forum leader, guide or overseas host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the online Services;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (if any);
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the online Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the online Services or servers or networks connected to the online Services, or disobey any requirements, procedures, policies or regulations of networks connected to the online Services;
- Intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users.
- Create multiple user accounts with the purpose of circumventing quota protection systems, previously suspended accounts, or other protection mechanisms.
AspergerManagement.com may refuse to provide any further services to anyone who breaches these terms.
Disclosure of Content
You acknowledge and agree that AspergerManagement.com may preserve Content and may also disclose Content:
- To its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
- For the purpose of properly administering your account in accordance with the standard operating procedures of AspergerManagement.com or its affiliated companies, and/or
- If required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Respond to claims that any Content violates the rights of third-parties; or
- Protect the rights, property, or personal safety of AspergerManagement.com its users and the public.
You acknowledge that the technical processing and transmission of the on-line Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. AspergerManagement.com reserves the right to terminate your access to some or all parts of its on-line Services if you withdraw your consent in this paragraph at any time.
We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us subject to the relevant Data Protection Acts.
Rights and Title of Content
With respect to Content you elect to post for inclusion in the web-site, you grant AspergerManagement.com a world-wide, royalty free, fully sub-licensable and non-exclusive licence, without limit in time, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in the course of providing and promoting the on-line Services.
If You Pay.
Charges. This section applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
Payment. When you create a billing account, you enter your payment method. You must be authorised to use the payment method. You authorise us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You will pay service charges in advance. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
Updates to Your Billing Account. You must keep all information in your PayPal ™ billing account current, including your billing address and the expiration date of your credit card. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
Trial Period Offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorise us to charge your payment method for the service.
Prices and Price Increases. The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
Online Statement; Errors. All billing statements will be provided by PayPal ™. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error.
Cancelling the service. You may cancel the service at any time, with or without cause. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
Internet Access service. The service does not include Internet access: You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service.
Payments to You. Your right to any payment due you under a service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts.
We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of AspergerManagement.com, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.
In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we grant you the right to use the software only for the authorised use of the service on that number of computers stated in your service offer. We reserve all other rights to the software.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
The software is subject to United Kingdom export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
Use of AspergerManagement.com Resources
You acknowledge that AspergerManagement.com may establish general practices and limits concerning use of the online Services, including without limitation the maximum number of days that images, email messages, message board postings or other uploaded Content will be retained by the on-line Service, the maximum number of email messages that may be sent from or received by an account on the on-line Service, the maximum size of any file that may be sent from or received by an account on the on-line Service, the maximum disk space that will be allotted on AspergerManagement.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the on-line Service in a given period of time.
AspergerManagement.com reserves the right to restrict access to any portion of the on-line Service any account which consumes excessive bandwidth, places high load on AspergerManagement.com’s servers, routers, switches or other equipment, or which improperly restricts, inhibits or degrades any other User's access to the AspergerManagement.com on-line Service, either permanently or temporarily until such a time as excessive usage subsides.
You agree that AspergerManagement.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the online Service. You acknowledge that AspergerManagement.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AspergerManagement.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Requirements for Placing Advertisements.
You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:
- All advertising content is accurate, complete and current;
- You have all necessary rights, power and authority to publish the advertising content;
- The advertising content, and any web site listed or linked to from the advertising content:
- Complies with all applicable laws and regulations;
- Does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
- Does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
- Does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
- You possess documents substantiating all claims, express and implied, contained within the advertising content.
The on-line Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AspergerManagement.com has no control over such sites and resources, you acknowledge and agree that AspergerManagement.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AspergerManagement.com shall 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 such Content, goods or services available on or through any such site or resource.
How We May Change the Contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
WE MAKE NO WARRANTY.
We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. The parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
You can recover from the parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
- The service,
- Content (including code) on third party Internet sites, third party programs or third party conduct,
- Viruses or other disabling features that affect your access to or use of the service,
- Incompatibility between the service and other services, software and hardware,
- Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
- Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
- This remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- AspergerManagement knew or should have known about the possibility of the damages.
Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
To Us You may notify us as stated in the customer support or “help” area for the service.
To You This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you by e-mail at the e-mail address you specified when you signed up for your service;
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
Indemnification and Liability
You expressly acknowledge and agree that:
- Your use of the on-line Service is at your sole risk. The on-line Service is provided on an "As Is" and "As Available" basis. To the fullest extent permitted by applicable law, AspergerManagement.com expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
AspergerManagement.com makes no warranty or representation that:
- The on-line Service will meet your requirements;
- The on-line Service will be uninterrupted, timely, secure or error-free;
- The results that may be obtained from the use of the on-line Service will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through the on-line Service will meet your expectations;
- Any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the online Service is done at your own discretion and risk and that 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.
You acknowledge that we may suspend or remove your account if you or a third party acting on your behalf commences legal proceedings against AspergerManagement.com (UK) Ltd or any of its associated companies for any reason.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AspergerManagement.com OR THROUGH OR FROM THE ON-LINE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
You expressly acknowledge and agree that AspergerManagement.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AspergerManagement.com has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the on-line Service;
- 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 the on-line Service;
- Unauthorised access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the on-line Service;
- Any other matter relating to the on-line Service.
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 on-line Service of these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Global Control and Export
Contracting Party, Choice of Law and Location for Resolving Disputes.
This contract is between you and AspergerManagement.
Copyright and Trademark Notices
All contents of the service are Copyright © 2007 AspergerManagament.com and/or its suppliers, all rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
Potentially Unwanted Software
If you remove or disable “spyware,” “adware” and other potentially unwanted software (“potentially unwanted software”), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorising the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.
Please respect the rights of creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights or have permission from the owner.
Customer support is not offered for the service, unless the materials we publish in connection with a particular service specifies that it includes customer support.