1. Introduction.

The OurTism.com website (“Site”) is owned and operated by OurTism (“OurTism,” “we,” “our,” or “us”). OurTism is a member of the Giving Back Fund of Charities, a not-for-profit corporation with Federal tax-exempt status from the IRS under section 501(c)(3).
Please read these terms carefully. By accessing or viewing this Site or participating in or using any service offered on this Site (collectively the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a contract between you and OurTism. From time to time, OurTism may decide to modify, add, or delete portions of these Terms. If OurTism does so, your continued use of the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site.

2. Privacy Policy

Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services you consent to the collection and use of this information.

3. Proprietary Rights.

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, OurTism or its licensors own all Content on this Site including, without limitation, all videos, articles, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the Contributor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of the Content from this Site on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without OurTism’s prior written approval.
For permission to use Content from this Site or from a newsletter authored and distributed by OurTism, request written permission in advance, and provide full attribution. Permission should be requested by contacting info@ourtism.com.

4. Digital Content

OurTism may make digital content (collectively “Digital Content”) available to you on this Site.

Your use of Digital Content on this website is subject to the following conditions:

• Your use of Digital Content is for personal, non-commercial use;
• You may not transmit, sell, rent, lease, display, perform, distribute, broadcast, sublicense, assign or otherwise make available any rights to Digital Content or any portions thereof to any third party;
•You may not remove any proprietary notices or labels on or in the Digital Content;
• You may not bypass, modify, defeat or circumvent the Digital Rights Management used to deliver or protect the Digital Content; and
• You may not use any Digital Content in an unlawful or infringing manner.

5. Security

Violating the security of the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

6. Digital Rights Management (“DRM”)

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation providing DRM by employing appropriate measures and procedures for the reception, handling, management, storage, and distribution of Digital Content.
You acknowledge that we may use a secure encryption system for the delivery of Digital Content to consumers.
You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

7. Submitted Materials.

Unless specifically requested, OurTism does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send OurTism any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Materials”), you grant OurTism a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send OurTism any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send OurTism any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize OurTism to use Submitted Material as permitted by the license in this Section.

8. Third Party Websites.

The Services may contain links to third party websites that take you outside of the OurTism.com website and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

9. Indemnification.

You agree to defend, indemnify, and hold harmless OurTism, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your use of the Site.

10. Disclaimers.

ALL CONTENT ON THE OURTISM SITE HAS BEEN PROVIDED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY. OURTISM IS NOT A PHYSICIAN, PSYCHIATRIST, OR PSYCHOTHERAPIST AND DOES NOT PROVIDE MEDICAL OR PSYCHOLOGICAL SERVICES. OURTISM CANNOT DIAGNOSE MEDICAL OR PSYCHOLOGICAL CONDITIONS, AND CANNOT EVALUATE A CLIENT FOR EDUCATIONAL SERVICES, SUCH AS AN INDIVIDUALIZED EDUCATION PLAN (IEP) OR A 504 PLAN. THE CONTENT ON THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PROVIDER IF YOU HAVE A QUESTION REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

OURTISM MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. OURTISM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. Limitation of Liabilities.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL OURTISM (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF OURTISM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OURTISM’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Release.

If you have a dispute with one or more users, you release OurTism (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

13. Claims of Infringement.

OurTism respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, OurTism will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. OurTism reserves the right to disable and/or remove access to the Site for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OurTism’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to OurTism’s Designated Copyright Agent:

Copyright Agent
OurTism
2108 Vail Avenue
Redondo Beach, CA 90278

While OurTism considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

14. Termination.

OurTism reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. OurTism also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.

15. General.

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. OurTism may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and OurTism. OurTism does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the websites may be interfered with by numerous factors outside of its control. OurTism’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and OurTism with respect to the subject matter hereof. Sections 3 (Proprietary Rights); 7 (Submitted Materials); 9 (Indemnification); 10 (Disclaimers); 11 (Limitation of Liability); 12 (Release); and 15 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

16. Contact Us.

If you have questions about these Terms or the Services, you may contact OurTism at info@ourtism.com.

 

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