Welcome to rethink autism (“Rethink,” “us,” “our,” “we”). These Terms of Use (“Terms”, “Agreement”) govern your use of our web site (“Site”) and its contents. You should carefully read these Terms of Use.

BY ACCEPTING THESE TERMS, OR BY USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND TO THESE TERMS OF USE, OUR PRIVACY POLICY, AND OUR COPYRIGHT POLICY. YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR STATEMENTS, DO ACCEPT THESE TERMS AND DO NOT USE THIS SITE.

To the extent that these Terms of Use are inconsistent with the Privacy Policy, or Copyright Policy, these Terms shall govern.

Description of Service

Rethink provides various content and services via the website www.rethinkautism.com (together with any other website which provides that it is governed by these Terms of Use, the “Site”).

Registration and Subscription

The content and services on the Site are divided into three categories: (a) content and services which can be accessed without registration; (b) content and services which can be accessed only after registering; and (c) content and services which require a subscription (e.g., the payment of a fee).

During registration and subscription, you will be required to provide certain information, including personal information, and for subscriptions, financial information. Our use of that information is subject to the Privacy Policy. All fees paid for subscriptions are non-cancellable and non-refundable.

Our Site is available for use by individual users or by organizations. If you are an individual user, you may purchase subscriptions as provided for below. If you are a member of an organization, and wish to purchase multiple subscriptions or different combinations of subscriptions, please contact Rethink at Subscriptions@rethinkautism.com.

There are two types of subscriptions, a “User” subscription and a “Child Profile” subscription.

A “User” subscription means the right of a specific named individual to access the Site for the purpose of using the materials to teach one or more students. The named User may access the Site from a classroom, from home, or from any location within the United States, provided such named User’s username and password are only used by the specified named individual and from only one location at any point in time.

A “Child Profile” subscription shall mean the ability to use the Site for a specific named student to monitor such student’s performance.

The username and password provided in connection with a User or Child Profile subscription may only be used by the named individual to whom it is assigned.

A subscription for a User includes the right to purchase up to three Child Profile subscriptions (i.e., it permits the creation, use, and support of up to three student profiles). You may only use a User subscription with three Child Profiles. If you require additional Child Profile subscriptions, you must acquire additional User subscriptions. Alternatively, as discussed above, if you are a member of an organization, you may contract Rethink at the email address provided above.

All information you provide must be accurate and complete. By purchasing a subscription, you are representing and warranting to Rethink that you are an authorized user of any purchasing information, such as credit card information, that you provide to us and that you agree to pay all charges resulting from your subscription.

Access to Site Functionality

Access to certain portions of this Site requires login and password information. Once you have registered or purchased a subscription, you will have login and password information. This information is for your use only and is non-transferable.

You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify Rethink in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site.

Age of Users

Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Non-Commercial Use

This site and its contents are for the personal use of the individual or organization acquiring subscriptions. You may not purchase subscriptions to benefit any other person. For example, you may not resell the services offered on this Site or distribute them to any other persons.

Additional Terms for Subscriptions

Subscriptions are subject to recurring billing. Subscribers can choose either month to month, biannual, or annual subscriptions to the Site. Subscribers agree to be billed automatically and periodically, determined by the subscription length, until the subscriber modifies or cancels the subscription and Rethink is subsequently afforded a reasonable opportunity to modify or cancel the subscription accordingly.

Privacy Policy

We recognize the importance of your privacy. Please read the terms of our Privacy Policy. Your use of this Site signifies your continuing consent to our Privacy Policy. Any information you supply to Rethink and any information about your use of the Site that Rethink obtains will be subject to the Privacy Policy.

Changes to the Site

We may discontinue or change any content, service, function or feature at any time with or without notice.

Proper Use of This Site

When you use our Site, you agree at all times to comply with the following guidelines. You may use Rethink for lawful purposes only and may use this Site only in ways consistent with any applicable laws. You specifically agree not to:

• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you post;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• collect or store personal data about other users in connection with the prohibited conduct set forth above.
• USE ANY PROGRAM, SPIDER, OR “BOT” TO GATHER OR “HARVEST” INFORMATION FROM THIS SITE.

Proprietary Rights

Rethink and its suppliers reserve all intellectual property rights existing in any content that is on the Site. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any intellectual property right of Rethink or third parties. Unless otherwise provided herein, the content of the Site may not be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way without the prior written permission of Rethink, except that, subject to your compliance with the Terms of Use, Rethink authorizes you to view content to which you have access through registration and/or subscription. For text articles only, you may download or print one copy of the article solely for your personal, non-commercial use so long as you preserve the copyright ownership and year information provided in the article.

The content on this Site is protected by United States and foreign intellectual property laws. Any violation of Rethink’s rights or the rights of its licensees and licensors is a breach of this Agreement.

USERS ARE PROHIBITED FROM ATTEMPTING TO DEFEAT, BYPASS, OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS EMPLOYED BY THE SITE TO PROTECT THESE PROPRIETARY RIGHTS.

Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning Rethink or this Site electronically, including notice to any email address that you may provide, as outlined in the Privacy Policy.

Content that You Supply

Rethink may allow you to supply content to the Site or its functions. There are two categories of user supplied content: (a) content that a user uploads to the Site that is meant to facilitate the user’s use of the Site’s content and services, but that is not meant for public distribution; and (b) content that a user uploads to the Site for public display. Content uploaded by a user for that user’s use only will be placed in a user specific “file cabinet”, and Rethink will only provide access to such content to the user that uploads it. We will also give you the ability to share this information with third persons that you designate. While Rethink will take all reasonable steps to protect the privacy of content stored in a users’ “file cabinet”, ANY CONTENT YOU UPLOAD TO YOUR FILE CABINET IS UPLOADED AT YOUR OWN RISK.

In consideration of being allowed to use the public forums, you agree not to post any content that violates these terms, any applicable laws, or the content guidelines. Content that violates applicable rules may be removed and your registration or subscription may be consequently terminated.

If you post any content on any public area of the Site or otherwise transmit to Rethink any content, you grant us and our affiliate companies the perpetual, irrevocable, sublicensable, and royalty-free right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge. If you wish to keep rights in any content you post, then do not submit them to Rethink in a public area.

Rethink reserves the right, but is not required to, record dialogue in the public forums, investigate allegations of violations of this Agreement, remove any content you supply which violates these Terms of Use, and terminate the user accounts of violators of this Agreement.

If you are an investigator or health care professional you may not provide Rethink any protected health information.

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 that you may supply or post, but we have the right to edit or to refuse to post submitted content and the right to remove any content for any reason at any time.

Third Party Sites and Advertisers

Rethink may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Rethink is not responsible for any claim or loss due to a third party site or any advertiser.

Disclaimer

rethink autism provides users with information on educational methods and treatment based on the principles of Applied Behavior analysis (“ABA”). Since Rethink cannot verify how programs provided by Rethink are used, Rethink cannot be held responsible or liable in any way, shape, or form for planning, directing, or monitoring ABA programs.

THIS SITE IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE YOU SHOULD BE SEEKING FOR YOUR CHILD OR STUDENT. In developing our program, Rethink has used reasonable efforts to make our program consistent with the consumer guidelines published by the Autism Special Interest Group of the Association for Behavior Analysis International (2007) (which identifies consumer rights and specific competencies that are required to plan, direct, and monitor effective ABA programs).

Parents and professionals have access to a wide array of tools to support their intervention efforts such as curriculum, manuals, and written sample programs. Such tools should be used with professional support and supervision. rethink autism videos are another such tool.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE AND CONTENT ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT (II) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY MEDICAL PRODUCT OR SERVICE BY RETHINK OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS. ADDITIONALLY, THIS SITE SHOULD NOT BE USED TO ATTEMPT TO DIAGNOSE AUTISM OR ANY OTHER MEDICAL CONDITION, OR TO ATTEMPT TO ASSESS THE STAGE OR OTHER MEDICAL ASPECT OF ANY PERSON DIAGNOSED WITH AUTISM. All content on this Site is provided for informational purposes only. This content is not intended to substitute medical professional advice. You should consult a medical professional with any questions you may have regarding a medical condition or treatment. DO NOT DELAY SEEKING ADVICE FROM A MEDICAL PROFESSIONAL BECAUSE OF CONTENT RECEIVED FROM THIS SITE. Rethink provides this information and content on this site for educational purposes only. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.

Rethink is not responsible for updating out-of-date or older Site content. All content and information is provided for informational purposes only and a medical professional should be consulted prior to relying on subject matter on this Site. While we may periodically update or correct information in this Site, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ITS ACCURACY, CURRENCY OR COMPLETENESS, AND WE DO NOT INTEND TO ROUTINELY UPDATE THIS INFORMATION.

Disclaimers of Warranties

Your use of this Site and any linked sites is at your own risk. We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE MAXIMUM 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, CURRENT, COMPLETE, 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 states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

Limitation of Liability

YOUR SOLE AND EXCUSIVE REMEDY, AND RETHINK’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF THIS AGREEMENT BY RETHINK SHALL BE TO DISCONTINUE USE OF THE SITE, CONTENT AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR COMPANY AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby release and forever discharge Rethink and its respective officers, directors, shareholders, employees and agents, of and from all actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, guarantees, claims and demands whatsoever that you had, now have or hereafter can, shall or may have of or by an reason of or in any way arising out of any cause, matter or thing whatsoever existing up to the present time and, in particular, without in any way limiting the generality of the foregoing, for and by reason of or in any way arising out of your use of the Site, or the Site’s content or services or your violation of these Terms & Conditions. You agree to defend, indemnify, and hold harmless us and our affiliates, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site or any of the Site’s content or services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

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 US, you do so on your own initiative and you are responsible for compliance with local laws.

Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions in our Copyright Policy on how to contact us to report possible copyright infringement.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of New York, USA, without regard to its conflict of laws rules, and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of New York, USA in the County of New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

Assignment/Transfer

You may not assign your registration or subscription to any third person.

Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site's "Terms of Use" link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes. The date of the last revision appears below.

Waiver

If any provision (or portion thereof) of these Terms of Use conflicts with applicable law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, then (a) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of these Terms of Use will remain in full force and effect.

Revision Date: 6/1/09