Effective September 25, 2020
DISCLAIMER: Nothing presented on YourAutismGamePlan.com creates a patient-provider relationship between you and Joya Van Der Laan or Your Autism Game Plan, Inc. The information provided by Your Autism Game Plan is for informational purposes only and should not be considered medical, therapeutic, behavioral, or legal advice.
This is a legal agreement between you and Your Autism Game Plan, Inc. (the “Company”) stating the terms that govern your use of the YourAutismGamePlan.com website (this “Site”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.
This Site is not intended for children under 18 years of age, and you may not use the Site or any of the Company’s Services if you are under 18. You hereby represent and warrant that you are at least 18 years of age.
1. Site Description. Though this Site, the Company offers access to information related to autism for users to review. Content accessible via this Site includes blog posts and other video, audio, or written content (the “Site Content”). These Terms refer to all items available on this Site–including, but not limited to, the Site Content–as the Company’s “Services.”
In order to access some of the Company’s Services, you will be asked to provide your name and email address. You agree that any information you provide will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. In using the Services, you must not violate any laws in your jurisdiction.
2. Intellectual Property Rights. The Site, Services, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use this Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Site Content or other material on this Site.
YOUR AUTISM GAME PLAN and YourAutismGamePlan.com are trademarks owned by the Company. You must not use these marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
3. End User License Agreement. Subject to the limitations set forth in these Terms, the Company hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use this Site and the Services. The term of your License shall commence on the date that you visit the Site and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Site in breach of these Terms. The Company retains all right, title and interest in and to this Site, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights–whether registered or not–and all applications thereof.
4. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any of the following ways:
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, but not limited to, by using email addresses associated with any of the foregoing).;
- In any way that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the US or other countries);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by the Company in its sole discretion, may harm the Company or users of this Site, or expose them to liability.
In addition, you agree not to do any of the following:
- Use any device, software, or routine that interferes with the proper working of this Site.
- Use any manual process to monitor or copy any of the Site Content, or for any other purpose not expressly authorized in these Terms, without the Company’s prior written consent.
- Use any robot, spider, or other automatic device, process, or means to access this Site for any purpose, including monitoring or copying any of the Site Content.
- Use this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including their ability to engage in real time activities.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, damage, interfere with, or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer, or database connected to this Site.
- Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this Site.
5. Content Disclaimers. Joya Van Der Laan is a board-certified family nurse practitioner who holds a master’s degree in nursing. She has studied functional medicine extensively, including in the context of autism therapy. Joya also is the mother of a daughter with autism. Neither Mrs. Van Der Laan nor the Company make any additional representations or warranties regarding her credentials or experience. All Site Content is for informational purposes only. No use of this Site creates a patient-provider relationship between you and Mrs. Van Der Laan or the Company
(a) No Medical Advice. Any Site Content that pertains to or discusses medical matters is not medical advice, nor should it be treated as such. Such Content is provided for informational purposes only and is provided without any representations or warranties concerning its accuracy, express or implied. You must not rely on any medical information included in the Content as an alternative to advice from a health care service provider. Any actions taken in reliance upon any medical information included in the Site Content is at your own risk. You should never delay seeking medical advice, disregard medical advice, or discontinue medical services as a result of any Site Content.
(b) No Legal Advice. The Company is not a law firm and does not offer legal advice. Any Site Content that pertains to or discusses legal matters is not legal advice, nor should it be treated as such. Such Content is provided for informational purposes only and is provided without any representations or warranties concerning its accuracy, express or implied. Any actions taken in reliance upon any legal information included in the Content is at your own risk. If you need legal advice for your specific circumstances, you should consult with a licensed attorney. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any Program or Site Content.
(c) Interviews. Some Site Content includes recorded discussions or interviews with guests. All matters discussed by such persons are solely their own opinions based upon information they consider reliable, and do not reflect the opinions of the Company or Joya Van Der Laan. The company cannot and does not offer any representations or warranties regarding the completeness or accuracy of such opinions. The opinions expressed by guests may be short-term in nature and are subject to change. All opinions expressed by guests or program participants should not be considered medical, behavioral, legal, or therapeutic advice.
6. User Contributions. This Site, the Company’s Facebook page, and any Facebook groups created by the Company may contain user profiles, comments, testimonials, chat functionality, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set forth in these Terms. Any User Contribution you post to this Site or Facebook will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or Facebook, you grant the Company–as well as its affiliates and service providers–a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for promotional or any other purpose. The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Site.
(a) Your Representations. With respect to any User Contributions you elect to post, you represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above, and (b) all of your User Contributions do and will comply with these Terms. You acknowledge that you are responsible for any User Contributions you submit or contribute, and you (rather than the Company) have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
(b) Content Standards. When posting any User Contributions, you agree not to do any of the following:
- Post any content that would violate the personal privacy rights of others, including, but not limited to, revealing personal or private information about others without their permission;
- Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international); (ii) infringes or violates any copyright, trademark, trade secret, patent, or any other proprietary right (including, but not limited to, using third-party copyrighted materials or trademarks without appropriate permission or attribution); or (iii) includes third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Post any unsolicited or unauthorized advertising or promotional materials, including, but not limited to, links to third-party websites in comments or posts; or
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading, or is otherwise objectionable, as determined by the Company in its sole discretion.
7. Copyright. The Company shall respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that any content belonging to you has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) 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; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you 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; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you the copyright owner or are authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf. Under the U.S. Digital Millennium Copyright Act, the Company’s designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Your Autism Game Plan, Inc.
The Company reserves the right to (i) remove any content alleged to be infringing without prior notice, at the Company’s sole discretion and without liability to you; and/or (ii) terminate your account if the Company or any agent thereof determines that you knowingly posted infringing content.
8. GENERAL DISCLAIMER. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION ON THE SITE IS ACCURATE, CURRENT, OR APPROPRIATE TO ANY PARTICULAR SITUATION. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND (WHETHER WHETHER EXPRESS, IMPLIED, OR STATUTORY), EXCEPT TO THE EXTENT THAT SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE APPROPRIATE OR MEET YOUR EXPECTATIONS.
THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THIS SITE OR THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE (OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ALL SITE CONTENT) OR THAT THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
9. Limitation of Liability. You assume the entire risk of loss and damage due to your use of this Site. The Company and its owners, directors, officers, employees, and affiliates (collectively, the “Company Parties”) shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages or losses (whether based in contract, tort, strict liability, or otherwise) that you may incur in connection with the use of, or inability to use, this Site, or for any other claim related in any way to your use of this Site or your interactions with the Company, even if advised of the possibility of such damages. IN NO CASE SHALL THE ANY OF THE COMPANY PARTIES’ LIABILITY TO YOU EXCEED THE LESSER OF (i) THE AMOUNT THAT YOU PAID TO THE COMPANY OR ITS DESIGNEES FOR THE APPLICABLE MATTERS GIVING RISE TO ANY SUCH LIABILITY DURING THE SIX-MONTH PERIOD PRIOR TO THE MONTH IN WHICH THE MOST RECENT EVENT GIVING RISE TO LIABILITY OCCURRED, OR (ii) $500.00.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THIS SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Arbitration Agreement and Class Action Waiver. You agree that all disputes and claims that arise out of or relate to your use of this Site shall be resolved through binding arbitration. Therefore, you agree that, by using this Site, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, any dispute, claim, or controversy arising out of or relating to your use of the Services. Any such dispute shall be determined by arbitration to be held in Chicago, Illinois before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
(a) Pre-Arbitration Procedure. At least 45 days prior to seeking legal recourse via arbitration or in any other forum, you must send us a written Notice of Dispute via email to Joya@YourAutismGamePlan.com. Your Notice of Dispute must include the following information: (i) your full name; (b) email and street address; (c) telephone number; (d) a complete description of the facts underlying your claim; and (e) a proposal for resolving the dispute. After receipt of your Notice, you and the Company will have 45 days in which to conduct negotiations in an effort to informally resolve the dispute to both parties’ satisfaction. Following the end of the 45-day period, either party may initiate arbitration proceedings if the dispute remains unresolved.
11. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of this Site, including, but not limited to, your User Contributions and your use of the Site Content or any other information obtained from this Site other than as expressly authorized in these Terms.
12. Choice of Law. These Terms, as well as any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of the State of Illinois, without regards to any principles of conflicts of laws. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of DuPage County, Illinois and the United States District Court for the Northern District of Illinois.
13. Limitations Period for Legal Claims. Regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action arising out of or related to use of this Site or under these Terms must be filed within one year after such claim or cause of action arose.
15. Periodic Modification of The Terms. From time to time, the Company may update these Terms. If there are material changes to the Terms, then the Company will prominently post the changes on this Site and/or send you an email informing you of the change. All such changes will be effective immediately upon posting. If you are dissatisfied with any modification to the Terms, your only remedy is to terminate your use of the Services. Your continued use of the Services after a change or update has been made to the Terms constitutes your acceptance of that change or update.