Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This website (the "Website") is owned and operated by Lyons & Associates LLC ("L&A"). These Terms of Use set forth the terms by which you may use the Website and are an agreement between you and L&A. By using this Website, you expressly acknowledge that you have read, accepted, and agree to be bound by these Terms of Use and all applicable laws hereunder. Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms of Use. If you do not agree to the Terms of Use, then please do not use this Website.

L&A may modify the Terms of Use at any time without notice, and our amended terms will apply immediately. Please refer back to these Terms of Use from time to time to ensure that you are aware of any changes. The Privacy Policy published on this Website also forms part of these Terms of Use. From time to time, we may amend our Privacy Policy or introduce other policies regarding the use of the Website. Any reference to these Terms of Use includes all such policies. By continuing to use the Website after we post any such changes, you accept the Terms of Service, as modified.

These Terms of Use apply to all users of this Website, whether you are a visitor simply browsing the Website or purchaser of any products available for sale on our Website. If you do not agree to the Terms, you are not authorized to use the Site.

1.Nature of AWEtism.net

AWEtism.net is an informational website dedicated to helping people with autism or their caregivers understand the science behind autism.

2.Access to the Website

In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. L&A makes no representations, warranties or assurances as to the availability of the Website.

3.Eligibility to use Website

Only adults are eligible to use AWEtism.net. By using the Website, you warrant and represent that you are at least 18 years of age, and that you are fully competent and able to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use, and to abide and comply with them.

4.Restriction on use

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Website, for other than your personal information.

Without limiting the generality of the foregoing, you may not:

1.reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;

2.establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;

3.include such content in or with any product or service that you create or distribute;

4.copy such content onto your or any other web site or publication; or

5.direct any other person to do any of the foregoing.

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of L&A, its affiliates or any other person or entity owning the intellectual property in the content provided on this Website.

5.Content Disclaimer

The content of the Website has been prepared for general information purposes only. You acknowledge that the information on this Website is provided "as is" for general information only. This Website does not offer medical advice or recommendations and individuals should not rely on the information posted on this Website as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. The content should not be construed as medical advice or a professional medical opinion on any specific facts or circumstances. Information on this Website is not guaranteed to be accurate or complete, and you should not rely on it to make any medical or other decisions. L&A strongly recommends that care and treatment decisions related to autism and any other medical condition be made in consultation with a patient's physician or other qualified health care professionals who are familiar with the individual's specific health situation.

L&A expressly disclaim all liability with respect to actions taken or not taken based on any of the contents of this Website. If L&A provides any specific examples of medical outcomes here, please be advised that we cannot guarantee a similar outcome.

Neither L&A nor the Website seeks to establish any professional relationship with any person or entity as a result of any visit to this Website. Transmission of the information on this Website is not intended to create and receipt does not constitute a physician-patient relationship between L&A and any user of this Website. Readers should not act upon any information provided on this Website without seeking advice from a licensed physician. Persons contacting L&A through the Website should not send confidential or sensitive information, and should not ask specific medical questions. No information submitted electronically through the Website or email to us will be treated as privileged or confidential. Any person submitting confidential or sensitive information to us waives all rights to confidential protection or physician-patient privilege. We assume no responsibility for the loss of confidential information that you transmit to us via the World Wide Web or Internet.

6.Operation of Website

L&A makes no representations with respect to the information, services, products or message on this Website and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. L&A makes no warranties of any kind regarding the operation of this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.

7.Modifications to Website

L&A reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof) from time to time, for any or no reason and without notice. You agree that L&A shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. The information and materials contained on the Website are subject to change. L&A endeavors to keep the information posted on this Website current, however, such information is subject to change at any time without notice to you and the posted information on this Website may not immediately reflect such changes.

8.Restrictions on Use

The Website may only be used for lawful purposes and should be used only by visitors seeking information about issues related to autism. Any other use of the Website is expressly prohibited, including but not limited to the following: (a) taking any action that disrupts, tampers with, interferes with, or imposes an unreasonable burden on the Website's infrastructure, servers, data, or network, or those of a third party via our Website; (b) using or attempting to use any engine, software, tool, agent, or any other devise or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (c) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (d) using any means of automatically searching or mining data from the Website or in any way attempting to interfere with the proper functioning of the Website; (e) collecting or storing personal information about any other user of the Website; (f) intentionally or unintentionally violating any applicable local, state, national, or international law; (g) co-branding this Website; or (h) framing this Website.

9.Making Comments

The Website provides users the ability to make comments, which can be shared with other members of the online community. You are solely responsible for ensuring that any such comments that you make are appropriate and are not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and do no consist of or contain software viruses, worms, or Trojan horses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In addition, you are responsible for not making ad hominem attacks on third parties and for not using profanity.

If you do post comments, you grant to us a nonexclusive, royalty free perpetual, irrevocable, right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world and in any media, and to grant sublicenses to third parties. You represent and warrant that you own all rights in the comment that you post and that such comments to do not violate our Terms of Use hereunder. We reserve the right to monitor and remove any comments at any time without notice. We also have the right to delete and ban inappropriate comments at any time for any reason.

10.Linking from Other Web sites

L&A may grant the owner of a web site permission to use a hyperlink to this Website from its web site, provided: (a) any such link must clearly be marked "Navigating AWEtism with Theresa Lyons, PhD"; (b) the appearance, position and other aspects of either the link or the host Website may not be such as to damage or dilute the goodwill associated with L&A's name and trademarks; (c) the appearance, position and other aspects of either the link or the host Website may not create the false appearance that any other entity is associated with or sponsored by L&A or the Website; and (d) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked Web site. The owner of any Web site with a hyperlink to this Website agrees to the foregoing terms and agrees to delete any such link upon notice from L&A that such permission has been revoked, which notice may be given at any time and for any reason.

L&A is not responsible for the information or materials contained on Web sites linking to this Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by L&A of the organization or individual operating the host Web site or a warranty of any type regarding the host Web site or the information on the host Web site.

11. Third Party Websites

The Website may contain links to other Internet websites, which are independently owned and maintained ("Third Party Site(s)"). Links to Third Party Sites are provided as citations and aids to help identify and locate other Internet resources. If you click on a link to one of these Third Party Sites, then you will be transferred to another website beyond our control. Our Privacy Policy and Terms of Use will no longer be applicable to any Third Party Sites, and we will not review or have any responsibility for the accuracy, completeness, or any other aspect of the content on those Third Party Sites. We do not intend that links to Third Party Sites be referrals to, or endorsements of, the linked entities or to any information that they make available. We will remove any link from this Website upon request from the Third Party Site.

If the Website has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that L&A is connected with, operates or controls these web sites.

L&A makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. L&A disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that L&A endorses the content of such sites. Where L&A is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.

L&A takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Website, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of L&A. You agree that L&A shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Website, and you agree to indemnify L&A and its affiliates from and against any Claims incurred as the result of any such dealings.

12. Intellectual Property

The Website, content, and design elements of the Website, and any products sold on the Website ("Intellectual Property") are the sole and exclusive property of L&A and its licensors, who retain all right, title, and interest in the trademarks and copyrightable materials on this Website. You may not reproduce, copy, display, distribute, republish, or otherwise use for any commercial purpose any Intellectual Property without the permission of us or our licensors as appropriate, nor may you remove or alter, or cause to be removed or altered, and proprietary notice or legend appearing on any part of the Website or any products sold on the Website. Any code on the pages of the Website is also protected by our copyright or that of our licensors, and you may not use or copy such code.

All L&A trademarks that appear on the Website are the exclusive property of L&A. The trademarks, trade names, trade dress and associated products and services represented on this Website are protected under United States and international law and their display on this Website does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of L&A or the relevant trademark owner is strictly prohibited.

Any third party trademarks mentioned on this Site which are not those of L&A are the trademarks of their respective owners. The display of these trademarks or trade names on this Website does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction or modification of the contents of this Website by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.

13. Intellectual Property Infringement Complaints

L&A respects the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes intellectual property infringement, then please notify us and advise us of the following:

(a) the name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest that is alleged to be infringed;

(b) a description of the work, product, or other intellectual property that you claim has been infringed;

(c) a description of where the material is located on the Website;

(d) your address, telephone number, and email address;

(e) a statement by you affirming your good-faith belief that the disputed use is not authorized by the intellectual property owner or its agent; and

(f) a statement by you made under penalty of perjury that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf.

14. Disclaimer of Warranties

The use of the Website and the reliance on any information contained herein shall be at your sole risk. The content of this Website and any products sold from the Website are provided on an "as is" basis and without warranties of any kind. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of worms, Trojan horses, or other destructive code, free of defects, or free of technical problems, or that any information will be accurate or complete. Except as expressly provided otherwise, L&A disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Website. The Website may contain inaccuracies or typographical errors. We can make no warranties regarding the accuracy, reliability, or completeness of information or contents of any Third Party Websites linked to this Website. L&A will, however, use reasonable care to provide uninterrupted, bug-free, error-free service. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED OR THAT THE CONTENT ON THE WEBSITE OR IN ANY PRODUCTS WILL BE ACCURATE, RELIABLE, OR COMPLETE. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

15. Consequential Damages; Limitation of Liability

You agree that you will hold harmless L&A its officers, directors, agents, employees, interns, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information, services, products or messages contained in this Website or other Web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another Web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will L&A or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL L&A, ANY OF L&A'S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS WEBSITE (COLLECTIVELY THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM L&A (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST L&A, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, INTERNS, AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

16. Indemnification

By using the Website, you agree to indemnify, defend, and hold harmless L&Aand our respective licensors, officers, members, managers, employees, independent contractors, representatives, agents, and customers from any claim arising from a breach of these Terms of Use or from any third party, which results in any way from your use of this Website.

17. Miscellaneous

Company reserves the right to discontinue operating this Website at any time at its sole discretion, or to make modifications to the operation of the Website at any time at its sole discretion. You agree that Company may assign these Terms of Use without prior notice in the event of a merger, acquisition, or sale of all or part of its business. No waiver of any breach of the Terms or Use, no matter how long continuing or how often represented, will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege be deemed a waiver of such right power, or privilege. If any paragraph in these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph will be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties' intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and L&A with respect to the subject matter set forth herein. You agree that that you will not have any authority to assume or create any obligation for or on behalf of L&A or the Website, whether express or implied, and that you will not have the right to bind either L&A or the Website to any contract. The section headings and subheadings contained in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

L&A may assign its rights and duties under this Agreement to any party at any time without notice to you.

We may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

18. Governing Law; Dispute Resolution

These Terms of Use are governed by the laws of the State of Connecticut, without regard to its conflicts of law principles. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Greenwich, Connecticut. All disputes arising under these Terms of Use shall be submitted first to non-binding mediation in Greenwich, Connecticut with a mediator mutually agreed upon by you and L&A. The costs of the mediation, including administration and mediator's fees, shall be shared equally by you and L&A. If we are unable to resolve our dispute in mediation, then you agree to submit the dispute to binding arbitration in Greenwich, Connecticut under the Commercial Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. The arbitration award shall be final and you agree to comply in good faith and submit yourself to the jurisdiction of the appropriate state or federal courts for the sole purpose of the entry of such arbitrator's award to render effective such arbitration decision. Notwithstanding the foregoing, judgment on the award by the arbitrator may be entered in any court having jurisdiction. If judicial enforcement or review of the arbitrator's decision is sought, you agree that the prevailing party will be entitled to costs and reasonable attorneys' fees.

For the avoidance of doubt, all claims you bring against L&A or the Website must be resolved in accordance with this Paragraph 18. All claims filed or brought against L&A or the Website contrary to this Paragraph 18 shall be considered improperly filed. Should you file a claim contrary to this Paragraph 18, you agree that we may recover attorneys' fees and costs up to $25,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to properly withdraw the claim.

19. Contact Information

If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to the access or use of this Website, you may contact us info@awetism.net