Connections for Autism
Last Updated September 12, 2016
By accessing or using the Products you agree to be bound by these Terms.
Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any signed written agreement between you and CFA regarding the use of Products that, by its terms, supersedes these Terms (a “Superseding Agreement”), or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable Superseding Agreement, the Superseding Agreement shall control.
These terms require the use of arbitration (Section 11.3) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Account Creation, Representations and Responsibilities.
1.1. You are responsible for your use of the Products. Your account with CFA (and use of the Product) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are accepting these Terms and using the Products on behalf of a company, organization, government, or other legal entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Products only in compliance with these Terms, any agreement entered into by your institution relating to the Products, and all applicable local, state, national, and international laws, rules and regulations.
1.3. You may never use another User’s account without permission. In consideration of your use of the Products, you agree (a) that Your Information (defined in Section 2, below) will be true, accurate, current and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other CFA products that permit single sign-on to the Products) and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to (a) notify CFA of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.4. The fees we charge for using aspects of the Products will be disclosed prior to your entering into the transaction. We may change our fees from time to time by posting the changes prior to any transaction affected by the change. We use the services of a third party payment processor, currently Stripe. By entering into any transaction in the Products, you authorize the third party payment processor to process transactions as described in these Terms and any applicable transaction documentation. We are not responsible for any error by the Payment Processor. For more information about our payment processor, please contact us using the information below.
2. Privacy and Use of Personal Information
2.2. Student Data. For the avoidance of doubt, personal information that includes Student Data (defined below) provided to CFA through the use of these Products will be governed by these Terms unless there are conflicting terms in a Superseding Agreement or applicable law or regulation. As between CFA and you, you own all right, title and interest to all Student Data you provide or otherwise make available to us, and we do not own, control, or license such Student Data, except so as to provide the Products and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, whether or not provided us, and used by us as part of the provision of the Products. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). CFA agrees to treat Student Data as confidential and not to share it with third parties other than as described in CFA’s agreement with the educational institution.
3. Your License To Use the Products
3.1. License. Subject to these Terms and contingent upon any payments required hereby (or under any Superseding Agreement) CFA gives you a personal, worldwide, non-assignable, and non-exclusive license to use the Products, relating to the Product. You may not copy, modify, distribute, sell, or lease any part of our Products, nor may you reverse engineer or attempt to extract the source code of any Product, unless laws prohibit those restrictions or you have our written permission.
3.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Products, whether in whole or in part, or any Content; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Products or Content; and (c) you shall not access the Products in order to build a similar or competitive website, product, or service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Products shall be subject to these Terms. All copyright and other proprietary notices on the Product (or on any Content) must be retained on all copies thereof.
3.3. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Products (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Products or any part thereof.
3.4. No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Products.
3.5. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product and its content are owned by CFA or CFA’s suppliers or licensors. Neither these Terms (nor your access to the Products) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. CFA and its suppliers or licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. INDEMNIFICATION. You agree to indemnify and hold CFA (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Products, (b) your violation of these Terms, (c) your violation of applicable laws or regulations including but not limited to your compliance with FERPA, (d) your User Content. CFA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CFA. CFA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. User Content and Your Rights
5.1. User Content. You are responsible for Content or information that you post to the Products (“User Content”), and any consequences thereof. The User Content you submit, post, or display may be viewed by other users of the Products. You may be able to control your User Content that other users of certain Products may access through the privacy options in certain Products. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5.5). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by CFA. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. CFA is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Any use or reliance on any User Content or materials posted via the Products or obtained by you through the Products is at your own risk.
5.2. License. You retain your rights to any User Content you submit, post, or display on or through the Products. By submitting, posting or displaying User Content on or through the Products, you grant us a worldwide, non-exclusive, transferrable, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Products. You agree that this license includes the right for CFA to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products) and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
5.3. Enforcement. We reserve the right (but have no obligation) to monitor or control the Content posted via the Products, and we do not take responsibility for such Content and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content or terminating your Account.
5.4. Feedback. If you provide us with any feedback or suggestions regarding the Products (“Feedback”), you hereby assign to CFA all rights in such Feedback and agree that CFA shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. CFA will treat any Feedback you provide to CFA as non-confidential and non-proprietary. You agree that you will not submit to CFA any information or ideas that you consider to be confidential or proprietary.
5.5. Acceptable Use Policy.
5.5.1. You agree not to use the Products to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that contains video, photographs, audio, or images of another person without his or her permission (or in the case of a minor, the parent or guardian of that individual); (v) that promotes or encourages exploitation, or provides material that exploits any person in a sexual, violent or illegal manner, or solicits personal information from anyone under the age of 18; (vi) that impersonates, “spoofs” or otherwise misrepresents affiliation, connection or association with, any person, entity or another person or entity’s contact information, (vii) that identifies a product using a trademark or other brand identifier that is not an authentic product of the owner or licensee of that trademark or brand identifier, or (viii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.5.2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Products any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Products unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Products to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Products, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Products (or to other computer systems or networks connected to or used together with the Products), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Products; or (vi) use software or automated agents or scripts to produce multiple accounts on the Products, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Products (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Products for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
6. Copyright Policy. CFA respects the intellectual property rights of others and expects users of the Products to do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) Your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for CFA is:
Connections for Autism, LLC
Attn: Copyright Agent
4806 Timberly Drive
Durham, NC 27707
7. Mobile Software. We may make available software to access the Products via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. CFA does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. CFA hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that CFA may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and CFA or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. CFA reserves all rights not expressly granted under these Terms. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Products.
8. Export Control. As required by the laws of the United States and other countries: (a) you understand that the Products are subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) you are not located in a prohibited destination country under the EAR or U.S. sanctions regulations; and (c) you will not export, re-export, or transfer the Products to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorization(s).
9. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Products. We may suspend or terminate your rights to use the Products (including your Account) at any time for any reason at our sole discretion, including for any use of the Products in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Products will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. CFA will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2, 3.2, 3.3, 3.4, 3.5, 4, 5.2, 6, and 8 through 11.
Further, if you stop using the Products for more than 12 months, your accounts may be deleted. If you wish to delete your CFA Product account(s) in their entirety(ies), you may contact us via email@example.com and specify which CFA Product account(s) you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law.
Nothing in this Section shall affect CFA’s rights to change, limit, or stop the provision of the Products without prior notice, as provided above in Section 3.3.
10. Disclaimers and Limitations of Liability. Please read this Section carefully since it limits the liability of CFA and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (collectively, the “CFA Entities”). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
10.1. No Warranties. YOUR ACCESS TO AND USE OF THE PRODUCTS OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CFA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE CFA ENTITIES OR THROUGH THE PRODUCTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10.2. Other Users. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USERS. YOU AGREE THAT CFA WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. WE DO NOT CONDUCT CRIMINAL OR FINANCIAL BACKGROUND CHECKS OR OTHER SCREENINGS ON OUR USERS. EXCEPT AS SET FORTH IN THESE TERMS, WE DO NOT TAKE ANY ACTION TO VERIFY THE INFORMATION PROVIDED BY USERS OF THE PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS ANY STATEMENT MADE OR CONTENT PROVIDED BY ANY CURRENT OR FUTURE USER OF THE PRODUCTS. EACH USER IS SOLELY RESPONSIBLE FOR ANY AND ALL OF ITS OWN USER CONTENT AND ANY STATEMENTS MADE BY SUCH USER. BECAUSE WE DO NOT CONTROL USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT OR ANY STATEMENT MADE BY ANY USER OF THE SITE, WHETHER BY YOU OR BY OTHERS. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF ANY USER CONTENT OR ANY STATEMENT MADE OR INFORMATION PROVIDED BY ANY USER OF THE SITE.
10.3. HIPAA Disclaimer. CFA does not warrant or provide any assurances that your use of the Products will comply with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). If you are a health care provider, health plan, insurer, health care information clearinghouse or other entity that may be considered a “covered entity” under HIPAA or a “business associate” of a “covered entity” under HIPAA, you shall take all steps necessary to comply with HIPAA and shall be responsible for any applicable compliance with HIPAA. You agree, that you will not provide CFA with any protected health information (as that term is defined under HIPAA) and that CFA is therefore not deemed to be a business associate of Client for purposes of compliance with HIPAA.
10.4. Links. The Products may contain links to third-party websites or resources. You acknowledge and agree that the CFA Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the CFA Entities of such websites or resources or the content, products, or services Available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
10.5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CFA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CFA ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID CFA, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CFA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CFA BE RESPONSIBLE FOR ANY FINE OR SANCTION PLACED UPON YOU AS A RESULT OF YOUR VIOLATION OF FERPA OR OTHER LAW REGARDING THE USE OR KEEPING OF STUDENT DATA.
11. General Terms
11.1. Waiver and Severability. The failure of CFA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
11.2. Governing Law. These Terms and any action related thereto will be governed by the laws of the State of North Carolina without regard to or application of its conflict of law provisions or your state or country of residence.
11.3. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with CFA and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
11.3.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by CFA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and CFA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
11.3.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to CFA should be sent to: Connections for Autism, LLC, 4806 Timberly Drive, Durham, NC 27707. After the Notice is received, you and CFA may attempt to resolve the claim or dispute informally. If you and CFA do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
11.3.3. Arbitration Rules. The parties shall agree on an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
11.3.4. Time Limit. If you or CFA pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
11.3.5. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and CFA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CFA.
11.3.6. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and CFA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CFA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
11.3.7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
11.3.8. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
11.3.9. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
11.3.10. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
11.3.11. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CFA.
11.3.12. Small Claims Court. Notwithstanding the foregoing, either you or CFA may bring an individual action in small claims court.
11.3.13. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
11.3.14. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
11.3.15. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina, for such purpose
11.4. U.S. Government Users and U.S. Government Restricted Rights. Certain of the components that comprise the Products are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.
The Products, any Mobile Software and all upgrades to the foregoing (if any) are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is Connections for Autism, LLC, 4806 Timberly Drive, Durham, NC 27707 All rights not specifically granted in this Agreement are reserved by CFA.
11.6. Changes. We may revise these Terms from time-to-time, the most current version will always be at the referenced link. If the revision, in our sole discretion, is material, we will notify you through the Products or through the email associated with your profile. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.
11.7. Disclosures. CFA is located at the address in Section 11.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.8. Electronic Communications. The communications between you and CFA use electronic means, whether you use the Products or send us emails, or whether CFA posts notices on the Products or communicates with you via email. For contractual purposes, you (a) consent to receive communications from CFA in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CFA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.9. Copyright/Trademark Information. Copyright © 2016 Connections for Autism, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Products are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.10. Contact Information. These Products are operated and provided by Connections for Autism, LLC. If you have any questions about these Terms, please email: firstname.lastname@example.org or contact us at the address below.
Connections for Autism, LLC,
4806 Timberly Drive
Durham, NC 27707