2. USE CONSTITUTES ACCEPTANCE
By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. OUR RELATIONSHIP WITH YOU
Products for Autism is a platform providing an online marketplace for buyers and sellers and facilitating communications between buyers and sellers. In some limited circumstances we may act as a seller on the Site ourselves and in such cases this will be clearly marked. Other than as required under law where we act ourselves as a seller, we do not have control of, or liability for, the products transacted for between buyers and sellers, nor do we guarantee the identity of any buyer or seller or ensure that a buyer or a seller will satisfactorily complete any transaction. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR PAYMENTS PROVIDED TO YOU BY SUCH THIRD PARTY BUYERS OR SELLERS. Our role is that of a facilitator and third-party record-keeper. We do not endorse, promote or represent the truthfulness or accuracy of any statement made on or through the Site or Services by any seller other than Products for Autism. References in this Agreement to “third parties” includes all third party websites and all buyers and sellers on the Site other than Products for Autism.
5. PROTECTION OF MINORS
You must be 13 years or older to use the Site and you must be 18 years or older to register for an account. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
6. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content supplied by others, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.
7. CHANGES TO PRODUCTS FOR AUTISM
We may discontinue or change any Products for Autism content, Service, function or feature at any time with or without notice.
8. USER NAMES
If you wish to register for a Products for Autism account through the Site you will need to use a name. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain functions of the Site. Products for Autism reserves the right to reject or remove any username.
Products are paid for using PayPal Adaptive Payments and sellers require PayPal accounts. Your PayPal account is administered directly by PayPal and is beyond our control. PayPal is an independent third party.
You agree not to accept payment from buyers outside of the Site PayPal process.
You agree to the Site’s fee schedule and that all products sold through the Site are subject to payment to Products for Autism of the specified fees. (We do not collect a fee to list items on the Site. We only collect a fee when the item is sold.)
The seller is responsible for including all taxes and shipping/handling fees in the price of the product.
We may terminate any seller product listing at any time at our sole discretion.
We may terminate any seller account at any time at our sole discretion.
Sellers must have clear, reasonable and lawful policies to handle returns, refunds, shipping, and so forth.
9.1 Taxes: Sellers are responsible for the payment of all taxes in connection with products, including income taxes, goods and services or value added taxes, and all and any other taxes which may be applicable in your applicable jurisdiction. All Site users must also comply with their obligations under income tax provisions in their jurisdiction.
10.1 Seller Fees: Seller fees are ten percent (10%) of the product sale price, unless another amount is agreed upon in writing by the seller and Products for Autism.
10.2 Your PayPal Account: Products are paid for using the third party payment processing solution PayPal Adaptive Payments. Buyers and sellers require PayPal accounts. Your PayPal account is administered directly by PayPal and is beyond our control. PayPal is an independent third party.
10.3 Payment Method: You may pay any fees via PayPal or other third party payment processors such as we may make available from time to time (“Payment Method”). Your Payment Method may be billed for the full amount of your transaction at any time from the time of the transaction. You expressly authorize us to charge the amount of any purchase to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your purchase.
10.4 Errors: We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your PayPal account or other Payment Method you provided for the erroneous refund or reimbursement and you expressly authorize us to do so.
10.5 Third Party Charges: Charges to a third party payment processor such as PayPal are subject to any additional terms and conditions imposed by such third party payment processor.
10.6 Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
10.7 Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items but these must be included in the price displayed to potential buyers. You may not alter the item's price after a sale for the purpose of avoiding our transaction fees, misrepresent the item's location, or use another user's account without permission.
10.8 Fees and Termination: If we terminate a listing or your account, if you close your account, or if the payment of your seller fees cannot be completed for any reason, you remain obligated to pay us for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
11. DISPUTE RESOLUTION
11.1 Disputes between Buyers and Sellers: In the event a dispute arises between you and another Site user or a third party, Products for Autism encourages you to contact the user or third party to resolve the dispute amicably. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Products for Autism (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
11.2 Disputes with Products for Autism: In the event a dispute arises between you and us, please contact us using the Site contact form or send an email to firstname.lastname@example.org.
11.3 Alternative Dispute Resolution: Any dispute arising from or relating to the subject matter of this Agreement may by agreement of the parties be finally settled by the alternative dispute resolution (ADR) mechanism of mediation or arbitration conducted in Idaho using a qualified practitioner who shall be selected from the appropriate list of Idaho mediator and arbitrators. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgement upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the decision maker.
11.4 Procedural Bar: You acknowledge and agree that any cause of action arising out of or related to the Site or Services (including, but not limited to, any products provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12. ACCOUNT AND PASSWORD SECURITY
If you register for membership with the Site you will be asked to choose a username and password. Your username must not be liable to mislead and must comply with the content rules set out in the Terms:
We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by Products for Autism and its suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.
13. THIRD PARTIES AND EXTERNAL LINKS
13.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Products for Autism liable for any disputes you may have with such third party supplier.
13.2 Links: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.
15. OWNERSHIP AND INTELLECTUAL PROPERTY
15.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Products for Autism.
15.2 License to Host Your Content: In these Terms, "your content" means all works and materials (including but not limited to text, images, documents, comments, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to:
reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services;
publish your content on and in relation to our Site and Services.
You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
15.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Products for Autism that will be liable.
15.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).
We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us through the Site contact form or by email to email@example.com with the following information:
The name and address of the complaining party
A description of the infringing materials and their Internet location, usually the URL
Sufficient information to identify the copyrighted works
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of
A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
16. LICENSE TO USE OUR SERVICES
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
You acknowledge that the features and services provided by us may change at any time without prior notice to you.
You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
17. ACCEPTABLE USE OF OUR SERVICES You must not:
Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
Access or otherwise interact with our Site or Services using any robot, spider or other automated means
Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
18. PERSONAL INFORMATION AND PRIVACY
19. YOUR CONTENTS
19.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way.
19.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
19.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that is or which encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any laws concerning the use of public telecommunications networks.
Interfering or disrupting networks or websites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
19.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
19.5 Your Listings and Other Content: You warrant and represent that your content, including but not limited to product listings, will comply with these Terms. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content, including service descriptions, ratings and comments, and the use of your content by us in accordance with these Terms, must not:
be vilifying or maliciously false;
be obscene or indecent;
violate right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
violate national security or anti-terror legislation;
be in breach of any contractual obligation owed to any person;
depict violence, in an explicit, graphic or gratuitous manner;
contain child pornography or other illegal pornographic content;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
Intend to cause annoyance, inconvenience or needless anxiety to any person.
20. WARRANTIES AND DISCLAIMERS
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
21. LIMITATIONS OF LIABILITY
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
22. YOUR REPRESENTATIONS AND WARRANTIES
By submitting your device to Products for Autism through this Site, you represent and warrant that your device complies with these terms. You further represent and warrant to us that:
You are accessing Products for Autism and submitting your device from within the US.
The device is not lost or stolen and you are entitled to submit the device for sale to Products for Autism.
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless Products for Autism and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Products for Autism reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Products for Autism in the defence of any claims.
Products for Autism reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
25. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
26. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
27. EVENTS BEYOND OUR CONTROL
Products for Autism will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
28. GENERAL PROVISIONS
28.3 Assignment and Binding Agreement: This Agreement between you and Products for Autism.com is binding on you and us and our respective successors and assigns. You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
28.4 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
28.5 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at through our Site contact form or by email to firstname.lastname@example.org.
28.6 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
28.7 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
28.8 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
28.9 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
28.10 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
LAST UPDATE TO THE TERMS AND CONDITIONS: 11th October 2016