Welcome to the Autism Care Web site (this “Site“) provided by Autism Care, Inc. (“Autism Care,” “we” or “us“). Autism Care collects data and other information regarding schools, practitioners, caregiver services (collectively, “Services Providers“) from a variety of sources. Autism Care uses proprietary processes and algorithms to select, compile and adjust certain data to generate ratings of the Services Providers (“Ratings“). On this Site, Autism Care makes available Ratings and other information, profiles and materials regarding Services Providers (collectively with the Ratings, the “Site Materials“).
This user agreement (“User Agreement“) governs your access to and use of this Site and the Site Materials and constitutes a binding agreement between you and Autism Care. Please note that we reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS. BY CLICKING ON “I AGREE,” OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; (B) YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN AUTISM CARE AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (C) IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT THE ‘I AGREE’ BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE; AUTISM CARE DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE OR THE SITE MATERIALS.
Autism Care is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, Autism Care is only an intermediary that provides selected information about Services Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, nor regarding the qualify or suitability of any particular School for special education program, nor regarding the quality of suitability of any particular Caregiver for special treatments nor Special Caregiver, and no information on this Site should be construed as health or medical or educational advice. The Ratings and Healthcare Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.
You assume all responsibility in connection with choosing any Services Provider, whether or not you obtained information about such Healthcare Provider on or through this Site. Autism Care and its licensors, suppliers and affiliates (collectively, the “Affiliates“), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
We are committed to protecting the privacy of Children. Please noted that the Site is not intent to or designed to attract children under the age of 13. We do not collect personal identifiable information from any person we actually know is a child under the age of 13.
Upon clicking “I Accept,” Autism Care grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and the Site Materials, and to copy, download, store and/or print only a single copy of any Site Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Site Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Site Materials on any such copy. All rights not expressly granted to you herein are reserved by Autism Care; there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement. Please note that Autism Care, in its sole discretion, may change this User Agreement from time to time and your continued use of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed User Agreement.
As between you and Autism Care, all right, title and interest in and to the Site and the Site Materials, including without limitation the Ratings, and the 1-3-5 star rating system and methodology, together with all intellectual property rights embodied therein, are the property of Autism Care or Autism Care’ Affiliates. The Site and Site Materials are protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, “IP Laws“). Autism Care does not claim any rights in unaltered government data.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Site Materials, including without limitation the Ratings, and/or the 1-3-5 star rating system and methodology. You acknowledge that Autism Care selected, compiled, arranged and adjusted data and information regarding Services Providers and the Ratings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to Autism Care. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site Materials or any portion thereof without Autism Care’ prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Site or any Site Materials (including, but not limited to, any Ratings), in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Ratings for any purposes other than your personal, non-commercial evaluation of Services Providers, to compile mailing lists or other lists of Services Providers for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations. Additionally, you may not use any metatags or any other “hidden text” utilizing the name “Autism Care” without our prior written permission.
Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Site Materials, including without limitation the Ratings. You acknowledge that Autism Care™, AutismCareNow.com™, the AUTISM CARE STARS-RATING SYMBOL AND LOGO™, HEALING STARTS HERE™, the AUTISMCARE QUALITY RATING EXPERTS™, THE AUTISM CARE OUTSTANDING SPECIALIST™, AUTISMCARE SCHOOL SPECIAL NEEDS RATING SYSTEM™, PRESTIGIOUS SCHOOL AWARD™, AMERICA’S TOP 20 SPECIAL NEEDS SCHOOL AWARD™, AMERICA’S TOP 50 SPECIAL NEEDS SCHOOL AWARD™, AUTISM CARE OUTSTANDING DOCTORS™, AUTISM CARE FAMILY-PREFERRED PRACTITIONERS™, (collectively, “Autism Care Marks“) are service marks and trademarks of Autism Care. You acknowledge that Autism Care actively and extensively uses and promotes the Autism Care Marks and that there is substantial goodwill associated with the Autism Care Marks. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings and Autism Care Marks in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of Autism Care’ products and services, any unauthorized citation, reproduction or re-publication of the Ratings and use of any of the Autism Care Marks is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by Autism Care, misappropriate Autism Care’ reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of Autism Care’ products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings and Autism Care Marks without the prior written permission of Autism Care and you hereby waive any right to assert any “nominative fair use” or “nominative use” defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish the Ratings and Autism Care Marks without the prior written permission of Autism Care. You further acknowledge that other names and logos contained in this Site or in the Site Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
The Ratings constitute confidential and valuable proprietary compilations owned by Autism Care. You will protect the confidentiality of (and not disclose to any person) the Ratings for three (3) years from the date you accessed such information, by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in the Ratings pursuant to a judicial or administrative order will not be deemed to be a breach of this User Agreement, provided that you provide timely written notice of such order to Autism Care and reasonably cooperate with Autism Care efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause Autism Care irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, Autism Care will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an e-mail to info@AutismCareNow.com to receive additional information about the possibility of alternative arrangements regarding the Ratings.
If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site’s registration process. By registering, you represent, warrant and covenant that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the Site and clicking on “Account Log In.”
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
This User Agreement will take effect at the time you click “I Agree” or access, use or browse this Site or any Site Materials. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Site, the Site Materials or any portion thereof; (b) to change, remove or discontinue the Site or any portion thereof, or any of the Site Materials or services available on or through this Site; or (c) to terminate this User Agreement. Upon termination of this User Agreement, all licenses granted to you under this User Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use this Site, the Site Materials or any portion thereof.
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
Some of the Site Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers (“IIPs“). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not Autism Care.
The use of the Site by any entity or individual to verify the credentials of physicians is prohibited. The database of physician , school, caregiver information which drives the Site does not contain sufficient information with which to verify physician credentials under the standards of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), National Committee for Quality Assurance (NCQA) of the Utilization Review Accreditation Committee (URAC).
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), including without limitation user surveys, practitioner, school officer, and caregiver responses, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on Autism Care’s blogs, forum, or message boards or in connection with this Site or any Site Materials (“Submissions“) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
You represent and warrant to Autism Care that:
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
Should you elect to send or receive e-mail communications of any kind to or from Autism Care, you represent and warrant to Autism Care that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the content (including any Site Materials) in any e-mail or other electronic communication you receive from Autism Care is subject to the provisions of this User Agreement.
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site.
We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under the User Agreement.
If it comes to our attention, we discover or we are notified of an allegation that this Site or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Site should be directed to Autism Care at the following e-mail address: info@AutismCareNow.com.
You absolve and release us and our Affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our Site.
THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH SERVICES PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH SERVICES PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend, indemnify, and hold harmless Autism Care and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (a) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (b) any arrangements you make based on information obtained on or through this Site or (c) any breach by you of this User Agreement.
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Massachusetts, and will be construed and enforced in accordance with Massachusetts law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Massachusetts, and except and to the extent that the Health Insurance Portability and Accountability Act (“HIPAA“) Privacy Rule applies to any health-related information you provide to Autism Care (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Massachusetts will govern.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS SITE, YOUR USE OF THE SITE MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY HEALTHCARE PROVIDER RATINGS OR USE OF ANY AUTISM CARE MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN BOSTON, MASSACHUSETTS, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE IN THE FEDERAL AND STATE COURTS OF COLORADO, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS SITE.
This Site is controlled and operated by Autism Care from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
All notices to you will be sent to the e-mail address that you provide to us when you register. Such notice will be deemed given one business day after the e-mail is sent.
If you have any questions about this User Agreement, the Site or the Site Materials, or if you need to notify us, then contact us at info@AutismCareNow.com or at the following address:
Date Last Updated: March 19, 2015