Terms of Service
for Autism Advocate Parenting Magazine
Last Updated: July 28, 2020
Autism Advocate Parenting Magazine Inc. (collectively, “AAPM”, “we”, “us” or “our”) owns and operates the website located at www.autismadvocateparentingmagazine.com together with the mobile version of the website (the “Website”) and in connection with subscribing to Autism Advocate Parenting Magazine (the “Magazine”, collectively, the Website and the Magazine are the “Service”). AAPM has a principal place of business at Autism Advocate Parenting Magazine Inc. PO Box 24016 King George, Brantford, Ontario, Canada N3R 7X3. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT AAPM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms at any time. Please review the Terms each time you visit the Service. If we have your email address, we may notify you of material changes to the Terms via email. We will update this page to reflect any changes to the Terms.
These Terms include a disclaimer of warranties, a disclaimer of liability, a class action waiver (14.3), as well as a release and indemnification by you, in Sections 1, 2, 7, and 9-14. Please review those sections (and all other terms) carefully.
- YOUR USE OF OUR SERVICE
These Terms govern the access or use by you of the Service. Subject to your compliance with these Terms, AAPM grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Service solely for your personal, non-commercial use. If you have a Subscription, you may download one (1) copy of each issue of the Magazine for your own personal, non-commercial use. You may not share or disseminate the Magazine, in whole or in part, nor may you decompile the Magazine and articles therein.
For greater certainty, AAPM does not grant you or any other party any right, title or interest in the Service. We reserve all rights not expressly granted to you under these Terms.
1.2. Types of Users and Access
There are various types of users of the Service.
(a) Visitors may have limits on their access to the Service and the type of content they can view.
(b) Non-registered Users have entered their email address to access certain parts of the Service (e.g., newsletter, free issue), but have limits on the access to the Service and the type of content available.
(c) Subscribers have created an Account (as defined herein) and purchased a Subscription, which grants them access to the purchased content for a specified period of time.
All users hereby warrant and represent that:
(a) you are the legal age of majority in your jurisdiction of residence;
(b) any information that you provide to us, including any personal or financial information provided as part of the creation of an Account (as defined herein), shall be accurate, current, and complete;
(c) you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of an Account;
(d) you shall not use the Service for any unlawful, deceptive, misleading, fraudulent, or abusive purpose;
(e) you have the authority to enter into these Terms; and
(f) you will comply with all Applicable Law when using the Service and you will use the Service only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.
In the event of your breach of any of any of the terms set out in these Terms, AAPM may suspend or revoke your right to use the Service, at its sole and absolute discretion, without notice to you. AAPM will fully cooperate with any law enforcement authorities or court order requesting or directing AAPM to disclose the identity of anyone violating these Terms.
Except as expressly permitted under this Agreement, you may not:
- a) rent, lease, lend, sell, redistribute or sublicense the Website or the Service, or make the Website or the Service available, including over a network where it could be used by multiple devices at the same time;
b) copy, collect, store, scrape, frame, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the Service, any updates, or any portion thereof, including mirroring or framing any portion of the Service;
c) modify, adapt, gain unauthorized access to, or otherwise “hack” the Service or modify any website so as to falsely imply that it is associated with AAPM, the Website, or the Service;
d) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
e) post, transmit or submit any information that AAPM, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
f) upload or otherwise transmit files that contain a virus or corrupted data;
g) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by AAPM, may harm us or users of the Service or expose them or us to liability;
h) use any robot, spider or other automatic device, process or means to access the Service;
i) upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
k) remove any copyright, trademark or other proprietary notices from any portion of the Service; or
l) cause nuisance, annoyance, inconvenience or property damage while using the Service.
- VOID WHERE PROHIBITED BY LAW
2.1. You may not access or use the Service if you are located in a jurisdiction where it is forbidden by law to do so. By using this Service you are explicitly agreeing that you have verified that your use of this Service is permitted under Applicable Law.
- CREATION AND MAINTENANCE OF ACCOUNTS
3.1. In order to register for a Subscription, you must create and maintain an active personal user account (an “Account”). You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an Account.
3.3. You must keep your Account information up to date and accurate at all times. You are responsible for all activity that occurs under your Account. You agree to maintain the secrecy and security of your Account information at all times. We recommend you select a secure password that is different from the password you use for other websites. You may possess only one Account and you may not allow others to use your Account. You will promptly notify us if you become aware of any unauthorized access or use of your Account.
- RECEIVING A FREE ISSUE
4.1. You may enter your email address to receive our Magazine’s free issue. You may use only one email address and may request to receive the free issue only once. We reserve the right to reject a request for a free issue at any time and for any reason, including if we suspect you have already received the free issue or have made multiple requests for the free issue.
- SUBSCRIBING TO A SERVICE
We reserve the right to reject a subscription order for a Service at any time and for any reason.
5.1. SUBSCRIPTION AGREEMENT
Access to the Magazine will be provided to you only upon purchase of a Subscription. When the new issue of the Magazine is released, it will be emailed directly to the email address you included as part of the Account creation. The Magazine will also be available in your Account dashboard for so long as your account remains active.
Subscriptions are offered on either a monthly or annual basis.
5.2. PURCHASING A SUBSCRIPTION
You may purchase a monthly or annual Subscription. All prices are displayed in U.S. Dollars (“USD”) and you will be charged in USD.
At the time of purchase, you will be automatically billed for the initial subscription period. For a monthly Subscription, you will be billed for one month. For an annual Subscription, you will be billed for one year. Thereafter, you will be periodically billed on or around the anniversary date of your Subscription. You may view your receipts in your Account dashboard.
You may cancel your Subscription at any time by following the instructions in your Account dashboard; however, if you do not cancel your Subscription before your anniversary date, your Subscription will automatically renew on the same terms as the initial Subscription and then then-current Subscription fees will automatically be deducted from your payment method.
If you cancel your Subscription, cancellation will take effect at the end of the current subscription period. To the extent permitted by applicable law, Subscription payments are non-refundable and we do not provide credits or refunds for any partial-Subscription periods.
If your payment method is declined, your Subscription will immediately terminate. We may send you a courtesy email to advise you that your payment method was declined. If you wish to reactivate your Subscription, you must sign in to your Account and update your payment information. We reserve the right to refuse to provide the Service to Subscribers whose payment method is invalid (e.g., expired, insufficient funds, etc.). We are not responsible for any fees charged to you by your financial institution for invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees (collectively, the “Invalid Payment Fees”). In the event we are subject to any Invalid Payment Fees due to your payment method not processing, we may, in our sole and absolute discretion and in accordance with the law, charge you a fee.
You agree that you will not attempt to circumvent any refund prohibitions with regard to transactions you entered on the Service. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to enter a transaction on the Service. Should you do so, your subscription or access to other services may be cancelled, and AAPM may, in its sole discretion, refuse to honor pending and future transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
Gifting a subscription
You may also gift an annual subscription to someone else (a “recipient”). To do so, you must create an Account, include certain required information and you may optionally answer additional questions. You may then purchase a purchase a gift card. You must input your own personal and payment information. If you elect to answer the optional questions, you must answer them on your own behalf. Do not answer these questions on behalf of the recipient. Do not provide anyone else’s financial information.
Once you purchase the subscription, you will receive a code that will be emailed to the recipient. By inputting the recipient’s email address, you represent and warrant that you have consent from the recipient or are otherwise authorized by law to provide his/her personal information to us.
You will receive a receipt by email.
Receiving a subscription
If you are the recipient of a gifted Subscription, you will receive an email with a gift code. You will be required to create an Account and input the gift code. As part of creating an Account, you will be required to enter certain information and you may optionally answer additional questions.
The recipient may cancel the Subscription at any time. The cancellation terms set out in Section 5.2 shall apply. If the recipient would like to continue their Subscription after the initial annual term, they must input their own payment information in their Account dashboard.
5.3. PROMOTIONAL CODES.
From time to time, we may issue discounts, trials or promotional codes (collectively, “promotions”) that can be applied toward payment of certain Subscription fees. Promotions are only valid for use on the Service, and are not transferable or redeemable for cash except as required by law. Promotional codes cannot be combined. If the cost of your Subscription exceeds the applicable discounted value, we will charge your payment method on file for the outstanding cost of the Subscription. Additional restrictions on promotions may apply and these will be communicated to you at the time of the offer. We reserve the right to revoke, terminate, modify, cancel or deem a promotion inapplicable to you at any time. Some promotions may be subject to a limited number of redemptions and may be redeemed on an as-available, first-come-first-serve basis.
Autism Advocate Parenting Magazine Inc., its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers, including authors, and any successors or assigns and other representatives (collectively the “AAPM Parties”) are not responsible for any errors, inaccuracies or omissions in this magazine. All information and materials provided on or through the Service are provided for information only, and are provided as-is and as-available with no guarantee of completeness, accuracy, reliability, suitability, timeliness or of the results obtained from the use of this information, and without warranty, condition or representation of any kind, express or implied. Under no circumstances will we be liable for any damage, loss, injury, obligation, claim, cost, fine, penalty, charge, contribution or fee of any kind resulting in any way from: (a) your use of the material or information provided on or through the Service; (b) any errors in, or omissions from, the information found on or through the Service; or (c) your use of or reliance on the materials or information found on or through the Service or any conclusions you draw from it.
This magazine includes articles authored by third parties. The views, findings, recommendations and opinions expressed in each article are that of its author and do not necessarily reflect the opinion of Autism Advocate Parenting Magazine. We do not endorse and are not affiliated with these third party authors and we assume no liability or responsibility for the content. Given that research in this field is rapidly evolving, the content expressed herein is subject to change at any time and you should use your best skill and judgment to evaluate the content. It is important to consult a trusted medical professional for advice to help you make informed decisions. The information on this website is of a general nature, is not medical advice, and should not be relied upon as a substitute for medical advice.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. AAPM HAS ATTEMPTED TO MAKE THE SERVICE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE AAPM PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE AAPM PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE AAPM PARTIES RELATING TO THE SERVICE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE AAPM PARTIES, AND ANY AGREEMENT WITH A THIRD-PARTY.
WITHOUT LIMITING THE FOREGOING, THE AAPM PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY AAPM; THAT SERVICE ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS PCI COMPLIANT. THE AAPM PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
7.3 ADVERTISEMENT RELEASE
AAPM takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with content on the Service (“Advertisers”). Any dealings you have with Advertisers found while using the Service are between you and the Advertiser, and you agree that AAPM is not liable for any loss or claim that you may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE AAPM PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
7.4 USER SUBMISSIONS
You may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to the Service (“User Submissions”) on the Service. By submitting any such materials to the Service, you represent and warrant that you will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant AAPM all of the license rights granted herein. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. AAPM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
On AAPM’s social media sites, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos or recordings that you submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to AAPM.
If you submit any User Submissions to AAPM, you hereby grant a non-exclusive, royalty-free, perpetual right and license to AAPM and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the User Submissions in any format, including without limitation coding or watermarking such User Submissions, on the Service and in related promotional materials provided in any medium, forum or format, for any purpose of AAPM or its affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of AAPM of any derivative works from, modifications, edits or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of AAPM and that We will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by AAPM in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest you have or may be deemed to have in and to the Modified Content to AAPM.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE AAPM PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE AAPM PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
- INTELLECTUAL PROPERTY RIGHTS
8.1. The Service, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the Service or other User Submissions (“Feedback”), we are free to fully exploit such Feedback without obligation or compensation to you.
8.2. All materials, including any text, images, illustrations, designs, icons, photographs, information, data, software, programs and written and other materials that are part of the Website or accessible via the Service (collectively, the “Content”), is owned, controlled or licensed by AAPM or its licensors and is protected by Canadian and international intellectual property laws. The Content is provided on an “as is” and “as available” basis for informational purposes only, and is subject to change without notice.
8.3. If you identify Content included in this magazine may be false, misleading, inaccurate, or otherwise problematic, please let us know by sending an email to [email protected]. In your report, please include a link to where the Content can be found, together with a brief explanation of why you believe this content is problematic.
8.4. The compilation (i.e. the selection, collection, arrangement, and assembly) of the Content is the exclusive property of AAPM and is also protected by Canadian and international copyright laws. AAPM and any logos and designs are trademarks, service marks or trade dress (“AAPM Marks“) of AAPM, and may not be used in connection with any product or service that is not offered by us, or in any manner that is likely to cause confusion amongst consumers.
8.5. All other trademarks and service marks that appear on the Website or via the Service that are not the AAPM Marks and that are not owned by AAPM are the property of their respective owners (the “Third Party Marks”). All such Third Party Marks are used under license from their respective owners.
8.6. Nothing in this Agreement grants you any right, title or interest in any intellectual property of AAPM or its licensors, including without limitation the AAPM Marks or the Third Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to this Website or the Service does not confer and shall not be considered as conferring upon anyone any license under any of AAPM or any third-party’s intellectual property rights. AAPM reserves all rights not expressly granted herein.
8.7. You may only copy, reproduce, store, or download content on the Website for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AAPM reserves all rights not expressly granted in and to the Service, the Content, and the AAPM Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by AAPM in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Service.
8.8. You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms, the Service, or any content or materials accessible through the Service, in whole or part.
- ACCESS TO AND USE OF THE INTERNET
9.1. You are solely responsible for obtaining and maintaining all internet or data network access, device hardware and other equipment needed to access and use the Service, and you shall be solely responsible for all charges and fee related thereto.
9.2. Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Service. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Service.
9.3. THE AAPM PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR SERVICE. IN NO EVENT ARE THE AAPM PARTIES LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES INCURRED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICE.
9.4. We suggest that you install appropriate anti-virus or other protective software.
9.5. We recommend you use the Service on a device with a high data usage limits. We shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Service.
9.6. You understand and agree that electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose AAPM to any liability for damages you may suffer as a result of communicating with us by electronic communications.
- LINKED WEBSITES
The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by AAPM. AAPM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, AAPM will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE AAPM PARTIES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions of use for each other website or online service that you visit.
Except as you have otherwise agreed with AAPM in writing, you may link to the Service from your website, subject to the following: (1) you may not frame the Service or any portion of the Service; (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the AAPM name and not any AAPM logo; (4) you may not use any AAPM logo in any way; (5) you may not use the link in any way that suggests that AAPM is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages AAPM or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the Service at any time for any reason or no reason.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL THE AAPM PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TOU OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE AAPM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE AAPM PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM AAPM’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE AAPM PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AAPM PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE AAPM PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE AAPM PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AAPM FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by AAPM from its facilities in Canada. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE AAPM PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE AAPM PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE AAPM PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; (6) ANY ACTIVITY THROUGH YOUR ACCOUNT; OR (7) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR EMAIL ADDRESS.
IF THE AAPM PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE AAPM PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO AAPM.
- TERM, TERMINATION AND SUSPENSION
13.1.These Terms will become effective upon your acceptance of these Terms in accordance with these Terms, which may be amended and updated from time to time. These Terms will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge and agree that access to the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice to you, and that AAPM shall not, in any event, be responsible to you in any way should you be unable to access the Service at any time or from time to time.
13.2. AAPM may, at its sole discretion, at any time and from time to time, without notice to you, suspend or terminate your Account or your Subscription, as the case may be, or your right to use the Service. Upon termination of your Account or Subscription, you shall no longer have the right to access or use the Service or the Subscription, as applicable. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.
13.3. YOU AGREE THAT THE AAPM PARTIES HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED ACCOUNT OR SUBSCRIPTION.
14.2. Dispute Resolution. This provision survives termination of these Terms and applies to the maximum extent permitted by applicable law.
(a) Between us and you. All parties agree to first attempt to resolve any dispute arising from the Policies on an individual basis. If you have a question or concern about the Service, please contact us first. Our customer support team will try to answer your question or resolve your concern. In the event we are unable to resolve the dispute directly, the parties agree to resolve any and all disputes or claims under the Policies through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. Each party will initially bear its own attorneys’ fees and expenses in connection with any dispute resolution.
(i) If the parties are not successful in resolving the dispute, then the parties agree that the dispute will be referred to arbitration before a single arbitrator and will be conducted under the rules and procedures in the Arbitration Act, 1991 (Ontario).
(ii) Selection of Arbitrator. There will be one arbitrator chosen by and acceptable to the parties, who is qualified by education and training to decide upon the particular matter to be decided. If the parties hereto cannot agree on a suitable arbitrator within fifteen (15) days, then either party may apply to the court to appoint one pursuant to Section 10 of the Arbitration Act, 1991 (Ontario).
(iii) Qualifications of Arbitrator. Any arbitrator under this Section will be impartial in fact and appearance, not an advocate of any party. The arbitrator will not have: (a) any direct or indirect financial or personal interest in the outcome of the mediation or arbitration; or (b) any past, present or anticipated financial, business, professional, family, social or other relationship which is likely to affect impartiality or which might reasonably create the appearance of partiality or bias. Any arbitrator under this Section will be required to disclose to each of the parties any such interest or relationship, and the parties may agree to waive the requirements of the preceding sentence as to any interest or relationship so disclosed.
(iv) Location. Unless otherwise agreed by the parties, any arbitration under this Section will be held at Toronto, Ontario.
(v) Arbitration Decision. The arbitrator will render his or her decision in writing (with specific findings of fact and conclusions of law and a detailed opinion describing how the application of such law to such fact resulted in the arbitrator’s decision) not later than thirty (30) days after the final statements and proof have been submitted and any hearing on the matter is closed. In no event shall the arbitration last longer than four (4) months, unless this time period is extended on consent, and the parties agree to take such steps with respect to the filing of evidence and the scheduling of a hearing, to allow this deadline to be met. The decision of the arbitrator will be conclusive and binding upon the parties; provided, however, that the arbitrator’s decision will be subject to judicial review, and the reviewing court may vacate, modify or correct the arbitrator’s decision as appropriate, (a) where the arbitrator’s material findings of fact are not supported by the evidence, (b) where the arbitrator’s material conclusions of law are erroneous or (c) as otherwise provided by applicable law.
(vi) Costs. In connection with any mediation or arbitration under this Section, the costs of any mediator or arbitrator, as the case may be, court reporter, hearing rooms and other common costs will be divided equally among the parties. Each party will bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorney fees and costs of witnesses); provided, that, the arbitrator, but not a mediator, may require, as part of his or her decision, reimbursement of all or a portion of the prevailing party’s actual legal fees and expenses by the other party.
14.3. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
14.5. Headings. The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.
14.6. No Assignment. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.
14.7. No Waiver. Our 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. We do not guarantee we will take action against all breaches of these Terms.
14.9. Survival. Any provisions of this Agreement, the performance of which by either or both parties, or by their sense and context, are intended to survive, will survive the completion, expiration, termination or cancellation of this Agreement.
For assistance with the Service, please contact us by email at [email protected] or by phone at 716-990-9185.
- Notice and Procedure for Making Claims of Intellectual Property Infringement
If you are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which AAPM has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to:
Autism Advocate Parenting Magazine Inc.
PO Box 24016 King George
Brantford, Ontario, Canada N3R 7X3
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to AAPM without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.