Terms and Conditions
Last Revised: November 11, 2021
Welcome to the NeuroDivergent-U (“NDU,” “we,” or “us”) website (the “Site”).
4. COPYRIGHT AND LIMITED LICENSE
5. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Site, we may act as a “services provider” (as defined by the DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is firstname.lastname@example.org.
All logos and any other product or service name or slogan contained on the Site are trademarks of NDU or its manufacturers, distributors, advertisers, suppliers, customers, clients, vendors or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of NDU or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of NDU and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, distributor, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NDU.
8. THIRD PARTY CONTENT AND APPLICATIONS
In addition to the Site Materials, our Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as product managers, employees, customers, experts or members of the public. The views expressed in such Third Party Content are those of the creators thereof and are not, and should not be construed as, the views of NDU. In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). NDU does not monitor Third Party Content or Third Party Applications and makes no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. NDU is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is. ” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider(s) of the Third Party Applications, and you agree to fully comply with all such additional terms, conditions and agreements. Your use of Third Party Content and Third Party Applications is at your own risk.
9. USER CONTENT AND CONDUCT
The Site or the Services may include public or restricted access reviews, discussion forums, or other interactive areas or services (“Interactive Areas“), including chat rooms or message boards or other areas or services in which you or other users create, post or store messages, information, text, music or sound files, still or video images, graphics, data, code or any other digital content of any kind on the Site (“User Content“). Interactive Areas are provided “as is” and your use of the Interactive Areas is at your own risk.
If you post User Content, you acknowledge and agree that your User Content will be accessible and viewed by others. You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking from the Site, or collecting user data for any purpose whatsoever;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, bots, Trojan horses, malware, worms, corrupted data or other harmful, disruptive or destructive files of any kind or nature;
- Encrypted content or content that can be demonstrated to contain encoded messages;
- Content in any language other than English if an accurate, reliable translation cannot be reasonably acquired;
- Multimedia content of any kind, such as photo, audio and/or video files, except when invited by the Site to do so; and
- User Content that, in the sole judgment of NDU, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose NDU or its users to any harm or liability of any type.
10. REPRESENTATIONS; USER DATA; SECURITY
In consideration of your use of any of the Site and the Services, you represent and warrant that you are of legal age to form a binding contract. In consideration of your use of any of the Site and Services, you agree to:
- provide accurate, current and complete information about you as may be prompted by any form on the Site (“User Data“);
- maintain and be solely responsible for the security of your User Data; and
- accept all risks of unauthorized access to or use of your User Data and any other information you provide to NDU.
11. SUBMISSIONS RELATING TO SITE OR SERVICES
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Site, the Services, or NDU, provided or submitted by you for any reason, including by way of example, in response to an invitation or request to participate in surveys or other forums hosted by or for NDU or any third party manufacturer, distributor or vendor, on the Site or related to the Site, in whatever form, or any other submissions to NDU by or through any means, including email or any postings on the Site, are non-confidential and shall be the sole property of NDU, and that upon submission of such materials to NDU you thereby assign without additional consideration all right, title and interest you may hold in such materials to NDU. NDU shall own exclusive rights, including all intellectual property rights, in such materials and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to or review by you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NDU, THE SITE, THE SITE MATERIALS, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY BY NDU OF ANY KIND, EITHER EXPRESS OR IMPLIED. NDU DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND SITE MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- OR DEFECT-FREE. NDU DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NDU IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PROGRAMS, TEXT OR IMAGERY. WHILE NDU ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, NDU CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, INJURY TO PERSON OR PROPERTY OR DEATH, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE INTERACTIVE AREAS, OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM NDU, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS OR INTERNET FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NDU’S RECORDS OR SERVICES.
15. APPLICABLE LAW AND VENUE
18. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site may be directed to email@example.com.