Terms & Conditions of Use

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Melody of Autism Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OFFERED ON THE SITE.

BY USING THIS WEBSITE OR ANY RELATED SERVICES, TOOLS OR PRODUCTS OFFERED BY OR ON THIS WEBSITE (COLLECTIVELY, THE “SITE”), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE OR ANY SERVICES OFFERED ON THIS SITE!

Melody of Autism, Inc (“MOA”, “we” or “us”) may revise, update or change these Terms and Conditions at any time upon notice to you as described below under “MODIFICATION”. Your continued usage of the Site or the services offered on this Site after receipt of such notice from us constitutes your agreement to those revisions, updates and changes.

WE DO NOT PROVIDE MEDICAL ADVICE, OR ANY THERAPY, COUNSELING, PSYCHIATRIC OR PSYCHOLOGICAL SERVICE OR ADVICE
The contents of the Site, such as text, articles, videos, graphics, images, communications, the Services (as defined below), information obtained from our licensors, users or members of the Site, and other material contained on the Site or provided as part of any Services (collectively, the “Website Content”) are for informational purposes only. “Services” means any educational, coaching, consulting, training or other services or tools offered or made available by or on this Site by MOA or provided by MOA in connection with this Site. The Website Content (including the Services) is not intended to be a substitute for any clinical, therapeutic, counseling, psychiatric or psychological or medical advice, diagnosis, or treatment, any medical exam or other services that are provided by a licensed physician, therapist, counselor, psychiatrist, psychologist or other health professional (each, a “Licensed Healthcare Provider”). As such, you should always seek the advice of your Licensed Healthcare Provider with any questions you may have regarding autism or any other medical condition or before engaging in any activities, and never disregard such advice or delay in seeking it because of something you have read on this Site or as part of the Services. Only your Licensed Healthcare Provider can provide you with advice on what is safe and effective.

If you think there may be a medical emergency, call your doctor or 911 immediately. MOA does not recommend or endorse any specific tests, any Licensed Healthcare Providers, or any related products, services, procedures, opinions, or other information. Reliance on any information or Service contained on the Site or provided by MOA, MOA Personnel (as defined below), others appearing on the Site at the invitation of MOA, or visitors to or users of the Site, is solely at your own risk.

CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person who we actually know to be a child under the age of 13.

We also do not permit any person who we actually know to be a child under the age of 18 to become a member of the Site or to receive or subscribe for any Services.

A parent or legal guardian of a child under the age of 18, however, may use the Site or the Services, including any Home Page or Team Page (as defined below), for the benefit of or in connection with his or her child. The parent or legal guardian of such child: (1) is solely responsible for determining and reviewing what personally identifiable information, personal health information or other information concerning such child is disclosed, made available, entered or posted to the Site or any User Home or Team Page or as part of any Service, (2) is solely responsible for supervising such child’s actions and decisions, and for protecting such child, in connection with the Site or any Service (or any use by such child of the Site or any Service), and (3) agrees that such personally identifiable information, personal health information or other information concerning such child shall be treated under these Terms and Conditions (and the Privacy Policy (as defined below)) in the same fashion as if it were such parent’s or legal guardian’s own personally identifiable information, personal health information or other information. The parent or legal guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Site or Services for his or her child under the age of 18.

PRIVACY POLICY
Please read our Privacy Policy, the terms and conditions of which are incorporated by reference into these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall govern.

USE OF CONTENT
You hereby certify that you are an individual (i.e., not a corporation or entity).

You understand and agree that the Website Content, including the Services and information included therein, is the proprietary information of MOA or its licensors or other suppliers (collectively, the “MOA Licensors”), and MOA and the MOA Licensors, as the case may be, retain all right, title and interest in and to the Website Content.

Accordingly, you agree not to reproduce, modify, transmit, publish, distribute to any third party or prepare derivative works of any Website Content, including any online reports, without the written consent of MOA, except that you may view, download and print out a copy of the Website Content, including any online reports, solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2012 Melody of Autism, Inc All rights reserved”, and other copyright and proprietary rights notices that are contained in the Website Content. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Website Content. Additional or special rules for the use of MOA in Website Content, including Services or other items accessible on or in connection with the Site, may be included elsewhere within the Site and are incorporated by reference into these Terms and Conditions.

All software used on the Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

The Website Content, including the Services and the information included therein, is protected by copyright under both United States and other laws. Any use of the Website Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. You may not link to any part of the Site or Website Content or frame or otherwise display in any manner the Website Content at any other website or elsewhere.

“Melody of Autism”, and the Melody of Autism logo and tagline, are trademarks, service marks, registered trademarks or registered service marks of MOA and are proprietary to MOA. All other company, product, service and brand names or logos, including “PayPal”, are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. None of these marks may be used in connection with any service or products other than those provided by MOA or the owner thereof.

The Site and the Website Content, including Services and features, are subject to change or termination at any time, without notice, in the editorial discretion of MOA. All rights not expressly granted herein are reserved to MOA and the MOA Licensors.

If you violate any of these Terms and Conditions, your permission to use the Site and the Website Content, including Services, automatically terminates and you must immediately destroy any copies you have made of any portion of the Website Content.

LIABILITY OF MOA AND MOA LICENSORS
The use of the Site and the Website Content, including the Services, is at your own risk.
You understand that, except for any Website Content, including Services, that is clearly identified as being supplied by MOA, MOA does not, in any way, operate, control, support, encourage, verify, agree with or endorse any comments, opinions, articles, views, statements, information, products or services that appear on the Site, including as part of any Service or any Website Content, on the Internet or otherwise, including any such comments, opinions, articles, views, statements, information, products or services of any user or member of, or visitor to, the Site (collectively, “Third Party Information”).

YOU ALSO UNDERSTAND THAT MOA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE, INCLUDING AS PART OF ANY SERVICE, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. MOA does not assume any responsibility or risk for your use of the Internet. When using the Site or the Website Content, including the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of MOA and its licensors. ACCORDINGLY, MOA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF OUR SITE OR THE WEBSITE CONTENT, INCLUDING THE SERVICES.

You expressly recognize that some Internet Service Providers may continue to cache prior versions of the Site after modifications are made thereto, including any modifications or deletions to any Website Content that are made or requested by you, and such Internet Service Providers are not affiliated with MOA. MOA SHALL HAVE NO LIABILITY IN RESPECT OF, OR IN CONNECTION WITH, THE MATTERS DESCRIBED IN THE PRECEEDING SENTENCE.

THE SITE, THE WEBSITE CONTENT AND ALL OF THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
MOA AND MOA LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING, (C) REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY INFORMATION, (D) WARRANTIES THAT THE SITE, WEBSITE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (E) WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITE, WEBSITE CONTENT OR SERVICES, AND (F) WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE, WEBSITE CONTENT OR SERVICES. No advice or information, whether oral or written, obtained by you from MOA, any of MOA’s owners, directors, officers, employees, consultants or staff members, including the MOA Professionals, Coordinators, Facilitators, Coaches and other MOA personnel appearing on your User Home or Team Page (collectively, the “MOA Personnel”) or through the Site, Website Content or Services, will create any warranty not expressly stated in these Terms and Conditions.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL:
a. MOA OR ANY MOA LICENSOR BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER SIMILAR DAMAGES (INCLUDING LOSS OF DATA OR USE, PAIN AND SUFFERING, PERSONAL INJURY, INCLUDING DEATH,
EMOTIONAL DISTRESS OR SIMILAR DAMAGES), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE,
WEBSITE CONTENT OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE, WEBSITE CONTENT OR SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WEBSITE CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, TORT OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
b. THE AGGREGATE AND COLLECTIVE LIABILITY OF MOA AND MOA LICENSORS TO ANY PERSON (REGARDLESS OF THE FORM OF ACTION,
WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT OF FEES (IF ANY) THAT SUCH PERSON HAS PAID
TO MOA FOR THE APPLICABLE WEBSITE CONTENT OR SERVICE OUT OF WHICH SUCH LIABILITY AROSE DURING THE 12-MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH LIABILITY OCCURRED, OR $0 IF SUCH
PERSON HAS NOT PAID ANY SUCH FEES DURING SUCH 12-MONTH PERIOD,
c. ANY MOA PERSONNEL HAVE ANY PERSONAL LIABILITY UNDER OR IN CONNECTION WITH THE SITE, WEBSITE CONTENT OR
SERVICES, OR
d. MOA BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH,
ANY THIRD PARTY INFORMATION, THIRD PARTY PRODUCTS OR SERVICES, GOODS OR SERVICES NOT DEVELOPED OR PROVIDED
BY MOA, INCLUDING INTERNET SERVICES, OR OTHER EVENTS OR OCCURRENCES CAUSED, IN WHOLE OR IN PART, BY ANY THIRD
PARTY (INCLUDING ANY MISUSE OF THE SITE, WEBSITE CONTENT OR SERVICES) OR OTHERWISE OUTSIDE OF MOA’S CONTROL,
INCLUDING ANY “ACT OF GOD”.

ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WEBSITE CONTENT OR SERVICES, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNITY
You agree to defend, indemnify and hold harmless MOA, the MOA Personnel and MOA Licensors from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (1) any material posted by you on the Site or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, defames any person or violates their rights of publicity or privacy, or violates any law; (2) any misrepresentation made by you in connection with your use of the Site or any Website Content or Services; (3) any breach or non-compliance by you with these Terms and Conditions (including the Privacy Policy); and (4) any claims brought by any third party arising from or related to your access or use of the Site, any Website Content or Services, or any information obtained through the Site.

REGISTRATION RULES AND GUIDELINES
Registration
If you choose to register to use MOA’s registration-based Website Content, including Services, then the following additional terms and conditions will apply. To register, you will be required to provide MOA information to MOA. You agree to provide true, accurate and complete information to MOA about yourself and all other matters, and to update this information when it changes. You can update the registration information appearing on your personal home or team page or other pages and tabs under the “My Program” tab on the Site (collectively, the “User Home or Team Page”) by clicking on the “My Profile” tab on your User Home or Team Page. You hereby grant MOA, the MOA Personnel and the MOA Licensors the right to transmit, monitor, retrieve, store, and use such information in connection with the operation of the Site, Website Content or Services. The Privacy Policy will apply to any personal information that you supply for your registration.

If you provide any information that is untrue or inaccurate, not current, or incomplete, or if MOA suspects that your information is untrue or inaccurate, not current, or incomplete, then, MOA may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Site, Website Content or Services.

Passwords
You are solely responsible for (1) taking all reasonable steps to ensure that no unauthorized person has access to your MOA password or account; (2) controlling the dissemination and use of activation codes and passwords; (3) authorizing, monitoring, and controlling access to and use of your MOA password and account, and logging off of the Site at the end of each session; and (4) promptly notifying MOA of any need to deactivate your MOA password. If you forget your password, you may retrieve your password or you may change your existing password at any time by clicking the “Send Password” or “Create and Send New Password” buttons on the login page. Your password or new password will be sent to the email address stored in your “My Profile” tab of your User Home or Team Page. As part of the password process and for security purposes, upon registration or when you request us to send you your password or change your existing password, you may be asked to answer a “challenge” question that you previously selected and provided an answer to (e.g., “what is your mother’s maiden name?”), and you may be asked to correctly enter a scrambled and distorted five digit character.

MOA Emails
MOA may choose to send you emails on a variety of topics - for example, to alert you to any problems with the Site or Services, to conduct surveys or to inform you of events, products or services that may be of interest to you. You may “opt-out” from receiving these emails by following the procedure specified in the Privacy Policy under “PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY MOA – Newsletters and Emails”.

MOA SUBSCRIPTION SERVICES
If you choose to subscribe to one of MOA’s subscription Services, such as a Coaching Session or other Service, including those listed in the “Services” section of the Site (collectively, the “Subscription Services”), then the following additional terms and conditions will apply.

You are using the Subscription Services at your own risk, and you are personally responsible for verifying its suitability for your needs, including by seeking the advice of your Licensed Healthcare Provider.

Charges and Billing
The description of, and prices for, Subscription Services are shown under the “Services” tab. You are required to pay the applicable price for Subscription Services as shown on the date that you make payment for the applicable Subscription Services (and not on the date that you receive such Subscription Services).
MOA uses Bank of America to process payments for Subscription Services and will not accept any payment, or credit card, bank account or other financial information, directly from you. When making a payment, you will receive an email invoice and be directed to a link to Bank of America’s payment processing center where upon you will establish an online payment account directly with Bank of America.

Accordingly, MOA shall have no liability or responsibility to you in connection with any matters related to your Payment Method, and any related problems or issues should be directed to Bank of America. Your use of the Bank of America website or any service is at your own risk. All Subscription Services must be paid for in advance of their provision by MOA.

If your Payment Method fails or your account is past due, then (1) you agree to pay all amounts due on your account upon demand; (2) MOA may collect fees owed using other collection mechanisms; and (3) MOA reserves the right to suspend or terminate, or not provide, your registration or Subscription Services, including the deletion of your User Home or Team Page and all information on your User Home or Team Page.

Payments of fees for Subscription Services are non-refundable.
You agree to submit any dispute regarding fees (other than disputes relating solely to your Payment Method) in writing to MOA within sixty (60) days of the applicable Payment Date, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) provided pursuant to such dispute are at the sole discretion of MOA.

For each Subscription Service, MOA reserves the right to modify or terminate such Subscription Service, change the amount of associated fees, or institute new charges for such Subscription Service at any time with at least sixty (60) days’ advance notice to you. We will provide notice of any such change to you by email. All fees and charges are quoted in U.S. Dollars.

Taxes
If applicable, you are responsible for paying any governmental taxes imposed on your use of the Subscription Services, including sales, use, or value added taxes in a timely manner. To the extent that MOA is obligated to collect such taxes, the applicable tax will be added to the fees you owe to MOA for the applicable Subscription Services.

Cancellation
Cancellation of any Subscription Services must be done within 24 hours of the scheduled service date by contacting MOA directly vie telephone and sending a supporting email confirming that you have cancelled your service. Services can then be rescheduled.

If your cancellation does not become effective in a timely manner as described above, you will be responsible for payment in full of (1) the applicable one-time fee for the applicable Subscription Service.

USER SUBMISSIONS AND RELATED MATTERS
General Matters
The personal information that you submit to MOA or the Site (including as part of any Service) is governed by the Privacy Policy.

It is a condition of your use of the Site or any Website Content or Service that you do not do any of the following, and that you agree that a violation by you of any of the following shall constitute a material breach of these Terms and Conditions:

1. restrict or inhibit any other user from using and enjoying the Site or any Website Content or Service;
2. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, hateful, pornographic,
sexually explicit, profane or indecent information of any kind, including any images, video, audio file, article or other material
depicting nudity;
3. post or transmit comments containing harassing or offensive language, or engage in disruptive activities online or otherwise;
4. post or transmit (including by email to MOA or any other person or entity) any information, software or other material
(including photos, videos, audio or articles) that is fraudulent or violates or infringes the rights of others, including material
that violates privacy or publicity rights, or infringes copyright, trademark, patent or other proprietary or intellectual property
rights, without first obtaining permission from the owner or right holder;
5. post or transmit any information, software or other material that contains a virus or other harmful component;
6. post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking
or phreaking;
7. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains
advertising, “junk mail,” “spam,” or “chain letters”;
8. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or
attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
9. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any
person or entity;
10. resell, redistribute, broadcast or transfer the information or use the information derived from the Site or any Website Content
or Service in a searchable, machine-readable database;
11. use the Site or any Website Content or Service to collect personally identifying information about users or members of the Site
or any Website Content or Service in violation of our Privacy Policy;
12. disguise a file type to thwart MOA’s security, antivirus or detection processes;
13. take any action or post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local, state, national or international law; or
14. attempt to gain unauthorized access to other computer systems or networks connected to the Site or any Website Content
or Service.
In addition, when posting or uploading any media (including articles, audio files, photos or videos) on the Site: (1) you agree to only post or upload media that you have created yourself or that you have all rights to transmit and license; (2) posting or uploading media of or with other people without their explicit permission is strictly prohibited (photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner); (3) MOA reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at its sole discretion; and (4) by posting or uploading any media on the Site, you hereby warrant to MOA that you have permission from all persons appearing in your media for you to make this contribution.

You agree that you will not use the Site or any Website Content or Service, any information provided therein or any related equipment, networks or network devices (specifically including Internet access) for any unlawful purpose or in a manner that violates these Terms and Conditions (including the Privacy Policy). MOA at its sole and absolute discretion shall determine whether any information transmitted or received violates this provision. You may not use the Site or any Website Content or Service, or any materials included therein, in connection with any website or other use that contains or is associated with information or content prohibited by these Terms and Conditions.

Monitoring
MOA has no obligation to monitor the use of the Site, Website Content or Service by any user or member. However, you acknowledge and agree that MOA reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site or any Website Content or Service for operational and other purposes, including provision of Services, as further described in these Terms and Conditions and in the Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site or any Website Content or Service constitutes consent to such monitoring, including in connection with any User Home or Team Page. Furthermore, MOA reserves the right at all times to disclose any information posted on, contained in or received by it in connection with any portion of the Site or any Website Content or Service, or on any User Home or Team Page, as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in MOA’s sole and absolute discretion are objectionable or in violation of these Terms and Conditions.

User Home or Team Pages
As described in detail in the Privacy Policy under “PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY MOA – User Home or Team Pages”, you will be required or permitted to provide to MOA or to disclose to your “team” members on your User Home or Team Page, or to the creator or other “team” members of another member’s User Home or Team Page of which you are a member, certain personally identifiable information (including your full name or email address), personal health information (i.e., personally identifiable information combined with known health characteristics, including, for example, having a certain disease or condition), and other information about yourself or your children. Please review the provisions of the Privacy Policy carefully before creating, or submitting any personally identifiable information, personal health information or other information to, any User Home or Team Page.

If you enter any information on the Site or any User Home or Team Page relating to a child under the age of 18, you hereby represent and warrant to MOA that (1) you are that child’s parent or legal guardian, and (2) you are doing so in compliance with these Terms and Conditions (including the Privacy Policy) and all laws and regulations.

Access, use or misuse of any of the personally identifiable information, personal health information and other information contained on your User Home or Team Page by any of your Non-MOA Team Members (as defined below), or contained on any other member’s User Home or Team Page of which you are a member by any Non-MOA Team Member or the creator of such User Home or Team Page, is at your sole risk, and MOA has no liability or obligation to you in connection with such access, use or misuse.

“Non-MOA Team Members” are all members of the Site who are permitted by a registered user to gain access to such registered user’s User Home or Team Page and become members of such registered user’s “team” other than “MOA Team Members”. “MOA Team Members” means all MOA employees and staff members, including MOA Professionals, Coordinators, Facilitators and Coaches.

You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on any User Home or Team Page. Neither MOA nor any MOA Licensor is responsible for the consequences of any communications on such areas of the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think there may be a medical emergency, call your doctor or 911 immediately.

Public Areas and Communications Sent to MOA
Certain areas of the Site are freely available to visitors to the Site or generally to registered members (including blogs, message or bulletin boards, postings, user reviews, etc.) (collectively, “Public Areas”). “Public Areas” do not include any User Home or Team Pages. If you wish to keep any communication, content, business information, idea, concept or invention, or other intellectual property confidential, private or proprietary, do not submit them to the Public Areas. Also, please review carefully the provisions of the Privacy Policy [add hyperlink here] relating to Public Areas [add hyperlink here], emails you send to MOA [add hyperlink here] and other matters.

By submitting any communication, content, business information, idea, concept or invention, or other intellectual property to any of the Public Areas or by email to MOA, you hereby (1) agree that such submission is non-confidential for all purposes; and (2) automatically grant, or warrant that the owner of such content, business information, idea, concept or invention, or other intellectual property has expressly granted, to MOA a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content, business information, idea, concept or invention, or other intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. MOA may sublicense its rights through multiple tiers of sublicenses.

By posting or uploading any media (including articles, audio files, photos or videos) on the Site, you hereby (1) agree that such submission is non-confidential for all purposes; and (2) automatically grant, or warrant that the owner of such media has expressly granted, to MOA a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media, and certify to MOA that any person pictured in the submitted media (or, if a minor, his/her parent or legal guardian) authorizes MOA to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media. MOA may sublicense its rights through multiple tiers of sublicenses.

If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Neither MOA nor any MOA Licensor is responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think there may be a medical emergency, call your doctor or 911 immediately.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES
The Site may contain links to third-party web sites. MOA does not recommend and does not endorse the content on any third-party websites. MOA is not responsible for the content of linked third-party sites, including links posted by users of the Site, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MOA does not endorse any product, service, or treatment advertised or otherwise linked to on the Site.

TERMINATION
MOA may, in its sole discretion, terminate your registration, password, account (or any part thereof) or use of the Site or any Website Content or Service (including your User Home or Team Page), or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site or any Website Content or Service, without prior notice and for any reason, including, but not limited to: (1) concurrent access of the Site or any Website Content or Service with identical names or user IDs; (2) permitting another person to use your user ID or password to access the Site or any Website Content or Service; (3) any other access or use of the Site or any Website Content or Service, except as expressly provided in these Terms and Conditions; (4) any violation of these Terms and Conditions, or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site or any Website Content or Service; (5) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site or any Website Content or Service; (6) failure to use the Site or any Website Content or Service, or portion thereof, on a regular basis; or (7) failure to make any required payment for Subscription Services when due. Our policy is to terminate the membership and ability to use our Site, Website Content and our Service of any member who repeatedly violates these Terms and Conditions or who repeatedly infringes the copyright, trademark or other intellectual property rights of any third party.

If you wish to terminate your registration to use the Site, then you must provide written notice to MOA of your intent to terminate your registration by email at support@relatetoautism.com, and you must cancel all Subscription Services as described above under “MOA SUBSCRIPTION SERVICES – Cancellation”. Upon effectiveness of your termination, MOA will terminate your password, account and your use of the Site or any Website Content or Service, including your User Home or Team Page (if any). See “MOA SUBSCRIPTION SERVICES – Cancellation” above regarding cancelling any Subscription Services and regarding any payment credits for payment to which you may be entitled.

If you paid for any group or team membership services as shown on the “Support Directory” page of the Site that requires or permits you to pay for the registration or Subscription Services of one or more other members of the Site or team members of your User Home or Team Page, any termination or cancellation of your registration, password, account (or any part thereof) or use of the Site or any Website Content or Service (including your User Home or Team Page), will automatically terminate the membership and rights of each such other member or team member to use the Site, Website Content and any Services.

Upon termination of your membership, your User Home or Team Page will be disabled and no longer displayed on the Site, and your name and email address will no longer be listed in the list of “team” members of any other member’s User Home or Team Pages of which you were a member prior to termination of your membership.

However, you are solely responsible for requesting from, and ensuring compliance with such request by, your “Non-MOA Team Members the destruction or return of any materials (in electronic or hard copy format) in the possession or control of your Non-MOA Team Members that contain any personally identifiable information, personal health information, and other information about yourself or your children that you had previously stored or posted on your User Home or Team Page.

In addition, if you cease to be a Non-MOA Team Member of any other registered member of the Site, you are solely responsible for requesting from, and ensuring compliance with such request by, such other registered member and his/her Non-MOA Team Members the destruction or return of any materials (in electronic or hard copy format) in the possession or control of such other registered member and his/her Non-MOA Team Members that contain any personally identifiable information, personal health information, and other information about yourself or your children that you had previously stored or posted on such other registered member’s User Home or Team Page, including the removal of such information from such other registered member’s User Home or Team Page.

Termination, suspension, or cancellation of your registration or your access rights shall not affect any right or relief to which MOA may be entitled at law or in equity. Upon termination of your registration, all rights granted to you will automatically terminate and immediately revert to MOA and MOA Licensors.

Please also review carefully the provisions of the Privacy Policy [add hyperlink here] relating to “UPDATING, CHANGING OR DELETING YOUR INFORMATION” [add hyperlink here] for impoMOAnt information about what happens to your personally identifiable information and personal health information upon termination or cancellation of your membership to the Site or use of any Services, including your User Home or Team Page.

MODIFICATION
MOA reserves the right, in its sole discretion, to amend these Terms and Conditions, and to modify, add, delete or discontinue any aspect, content, or feature of the Site or any Website Content or Service. Such amendments, modifications, additions, deletions or discontinuations shall become effective upon notice thereof to you, which may be provided to you by email or electronic message to your User Home or Team Page. After receipt of such notice from us, your continued use of the Site or any such Website Content or Service shall constitute your binding acceptance of any such amendments, modifications, additions, deletions or discontinuations.

USE ONLY IN UNITED STATES; SURVIVAL
MOA is based in Bronx, New York, in the United States of America. MOA makes no claims that the Site or any Website Content or Services are appropriate or may be downloaded outside of the United States. Access to the Site or any Website Content or Service may not be legal by certain persons or in certain countries. If you access the Site or any Website Content or Service from outside of the United States, then you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, including United States export laws and regulations.

These Terms and Conditions, other than your rights under these Terms and Conditions, shall survive the termination of your registration or access rights for any reason whatsoever.

JURISDICTION
These Terms and Conditions are governed by the internal substantive laws of New York State, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with MOA, or in any way relating to your use of the Site or any Website Content or Service, resides in the courts located in New York State, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located in New York State in connection with any such dispute including any claim involving MOA or its owners, employees, contractors, officers, directors, telecommunication providers, or content providers.

MISCELLANEOUS
These Terms and Conditions are personal between you and us, and no one shall be a third party beneficiary to them. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms and Conditions are material terms of these Terms and Conditions and that they have been taken into account in the decision by MOA to provide you with use and access to the Site, Website Content and Services.

You may not assign or transfer your membership with the Site, right to receive any Website Content or Services, or any of your rights, obligations or privileges under these Terms and Conditions without the prior, written consent of MOA. MOA may assign or transfer your membership, the Site, the Website Content, any Services, these Terms and Conditions, or any of its rights, obligations or privileges under these Terms and Conditions, without notice or permission, to any affiliate or affiliated entity of MOA or in connection with any transfer or sale of all or substantially all of the business or assets of MOA to which these Terms and Conditions relate, including by way of sale of assets, sale of securities, merger, consolidation or otherwise. Any assignment or transfer of any of the foregoing other than as provided for in this section shall be null and void, ab initio.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions, including the Privacy Policy and any rules or policies referenced in these Terms and Conditions, together with any legal notices set forth on the Site and any separate written agreement(s) between you and MOA, constitute the entire agreement between you and MOA with respect to the use of the Site or any Website Content or Service, and supersede all other prior or contemporaneous communications and proposals, whether oral or written, between you and MOA with respect to such subject matter.

No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site or any Website Content or Service.

As used in these Terms and Conditions, “including” means “including without limitation”.

Questions or comments regarding the Site, Website Content or Services, including any reports of non-functioning links, should be submitted using our “Contact Us” form on the Site. While we endeavor to respond to questions, comments and other correspondence in a timely manner, we may not always able to do so.

Last Updated: September 2012

Copyright ©2012Melody of Autism, Inc All rights reserved