TERMS OF USE

Version 1.2

Asperger Works, Inc., as a convenience to you as a user, grants you access to websites (collectively, the “Site”), the Services (as defined below), and/or the Products (as defined below), in each case conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”). For the purposes of these Terms of Use, “Services” means, collectively, Webpage design, technical help, discussion and other related services provided in connection with the Site, and “Products” means, collectively, materials and products available through the Site. Also, you are subject to the Asperger Works, Inc. Privacy Policy and, when using any particular Information, Products, Services or Content (as defined below) available through the Site, any additional terms and conditions posted in connection with such information, Products, Services or Content (collectively, “Additional Terms”). You agree that Asperger Works, Inc. may modify these Terms of Use, the Privacy Policy and any Additional Terms at any time and from time to time, with or without notice to you. When you access, use or browse the Site, the Products, and/or the Services, you accept, without limitation or qualification, these Terms of Use and any Additional Terms as if you had signed them.

Acceptance of Terms

Please read these Terms of Use and Asperger Works, Inc.’s Privacy Policy carefully. By using the Site and/or Services, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of information, Products, Services or Content from the Site.

Copyright

Subject to Section 4 hereof, the Site, any content, including, without limitation any text, source code, programs, specifications, images, audio files, articles, press releases, brochures, manuals and other information or content available through the Site, including, without limitation, any such information or content provided by any user (collectively, the “Content”), including, without limitation, any articles, survey or poll responses, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials provided by you through the Site and other Content provided by any user (collectively, the “User Content”), the Products and the Services, as well as the selection and arrangement thereof, is the sole property of Asperger Works, Inc. and is protected by copyright and other intellectual property laws, unless otherwise provided by the applicable Additional Terms, and may not be used except in accordance with these Terms of Use or with Asperger Works, Inc.’s express written consent.

For further information on use of the Content, please see our “Permissions” page. Other than as necessary for your use of the Site in accordance with these Terms of Use or the applicable Additional Terms or as otherwise agreed in writing by Asperger Works, Inc., Asperger Works, Inc. grants no other privileges or rights in the Content to you, and you must keep intact all copyright and other proprietary notices on the Content. Any Content owned by those to whose sites Asperger Works, Inc. links to may be subject to additional restrictions.

To notify Asperger Works, Inc. of claimed copyright infringement in accordance with the Copyright Law of the United States please contact:

M. Eva Rajczyk
Asperger Works, Inc.
E-mail: erajczyk@aspergerworks.org

Trademark

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Asperger Works, Inc. or their respective owners. You may not display or reproduce the Marks other than with the prior written consent of Asperger Works, Inc., and you may not remove or otherwise modify any trademark notices from any Content received through the Site.

Assignment

By submitting, uploading or posting User Content to the Site, you represent and warrant that you have all necessary and appropriate rights in such User Content to, and you hereby grant to Asperger Works, Inc. all right, title and interest in the User Content submitted by you. You further acknowledge and agree that Asperger Works, Inc. may use, copy, distribute, disseminate, publish, display, transmit, modify, translate, reformat, and create derivative works of, such User Content in any format and any medium, and publish your screen name in connection with your User Content. You acknowledge and agree that you are not entitled to receive any compensation for any User Content submitted in connection herewith.

Use and Restrictions

The Site is provided solely as a convenience to you. You may use the Site, the Products and the Services only in accordance with all applicable laws and regulations and in accordance with these Terms of Use and any applicable Additional Terms. You further agree that you will not:

a. unless otherwise permitted by Asperger Works, Inc. in the applicable Additional Terms or a separate agreement, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

b. other than for your use of the Site, the Products and/or the Services, as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;

c. submit, display or transmit any User Content, or any content via the systems or services on which the Site are hosted, in violation of any proprietary rights of, or your contractual obligations to, any third-party, or in violation of applicable laws, rules and regulations;

d. submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar Content that exceed Asperger Works, Inc.’s capacity limits or that you do not own or have the necessary and appropriate rights to submit, display or transmit;

e. submit, display or transmit any spam, duplicate messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;

f. forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site;

g. use the Site and / or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;

h. publish, post, display or disseminate any profane, obscene, indecent, unlawful, terrorist, violent or hateful Content;

i. offer, sell, broker, purchase or seek any unethical, profane, obscene, indecent, unlawful, terrorist, violent or hateful services;

j. collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless authorized to do so;

k. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs; or

l. restrict or prevent any other user of the Site from using the Site and/or the Services.

Use

The Site, the Content, the Products and the Services are intended to be used by all interested individuals.

Monitoring

Asperger Works, Inc. has no obligation to monitor the Site. However, Asperger Works, Inc. reserves the right to review any User Content, and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Asperger Works, Inc. has no obligation to display or post any User Content. Asperger Works, Inc. reserves the right to disclose, at any time and from time to time, any information or User Content that Asperger Works, Inc. deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.

Modifications

As noted above, Asperger Works, Inc. reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use, and your continued use of the Site, the Products and/or the Services after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. Asperger Works, Inc. may also, directly or indirectly, make improvements and/or changes in the Site, the Products and/or the Services or any portion thereof at any time without notice or obligation to you.

Any Content, Products, Services, prices, specifications, designs, conditions or product descriptions offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Asperger Works, Inc. reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, Services, Products or Content offered through the Site, at any time and from time to time, regardless of whether such Services, Products, or Content were previously offered at no charge.

Confidentiality

Asperger Works, Inc. cannot be responsible, and disclaims all liability in connection with, the use of any information that you submit, post or display on the Site. You should use caution when posting any information, including personally identifiable information to the Site.

Links to Third Party Websites

The Site contains links to websites and other resources operated by third parties other than Asperger Works, Inc. Such links are provided solely as a convenience to you. Asperger Works, Inc. does not control such websites, and is not responsible for the contents, or products, services or other Content offered through such websites. Asperger Works, Inc.’s inclusion of links to such websites does not imply any endorsement of any website, or the content, products or services offered through any website, or of any company or person. If you decide to access any third-party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

Warranties and Disclaimer

EXCEPT AS EXPRESSLY PROVIDED BY THE APPLICABLE ADDITIONAL TERMS, THE SITE AND ANY CONTENT, PRODUCTS AND SERVICES CONTAINED ON THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Asperger Works, Inc. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Asperger Works, Inc. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO Asperger Works, Inc. THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Limitation of Liability

Asperger Works, Inc. AND ITS OFFICERS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT Asperger Works, Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, Asperger Works, Inc.’S LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SITE, THE CONTENT, THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify, defend and hold harmless Asperger Works, Inc. and third-party partners from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys’ fees, resulting from: (a) any violation by you of these Terms of Use or any applicable Additional Terms, and (b) any User Content provided by you.

Dispute Resolution

If any controversy, dispute or claim arising out of or related to your use of the Site, the Services or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Asperger Works, Inc. will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the Products, the Services, the Marks and/or the Content.

Governing Law

Except as provided in the second sentence of Section 16, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with the Site, the Services and/or the Content must and will be held exclusively in Boston, MA, USA. These Terms of Use and the relationship between you and Asperger Works, Inc. will be governed by the laws of the Commonwealth of Massachusetts, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Miscellaneous

If any provision of these Terms of Use or any Additional Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or enforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use or the applicable Additional Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asperger Works, Inc. as a result of these Terms of Use, any Additional Terms, our Privacy Policy or use of the Site, the Products and/or the Services. Asperger Works, Inc.‘s performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any Additional Terms or our Privacy Policy is in derogation of Asperger Works, Inc.‘s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Asperger Works, Inc. with respect to such use. These Terms of Use, the Privacy Policy and any Additional Terms constitute the entire agreement between you and Asperger Works, Inc. with respect to the Site, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Asperger Works, Inc. with respect to the Site, the Products and the Services. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, the Services, the Products or any Content, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last updated: July, 2016