EULA

Welcome to The New England Center for Children’s Autism Curriculum Encyclopedia (ACE). The Terms and Conditions (“Terms”) govern the use of this website.

By accepting these Terms, or by using this site, you agree to be legally bound by these Terms and Conditions of Use, our Privacy Policy and Notice of Privacy Practices 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 not accept these terms and do not use this site. We reserve the right to modify these Terms at any time without prior notice, and your continuous use of the site binds you to the use of the changes made.

Your Privacy:

Please also review NECC’s Privacy Policy and Notice of Privacy Practices which state in detail our privacy practices.

NECC respects the confidentiality of your personal information and we do not rent, sell or trade our mailing lists. We protect your privacy by adhering to federal and state privacy laws in the United States. The information you provide to us will be used to keep you informed about our activities, update you with our latest information, conduct business with you, and enhance our products and services for you.

Ownership and Use of Content:

NECC worked hard and spent significant resources to put the information on this site together and therefore, NECC exclusively owns the text, data, audio, videos, images, photographs, graphics, logos, descriptions and other material provided on the website unless otherwise noted. You may not use the content for any other purpose. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content for commercial purposes. Nothing in these Terms and Conditions or on the website shall be construed as conferring any intellectual property or other propriety rights to You. You agree to observe copyright and other applicable laws and my not use the content in any manner that infringes or violates the rights of any person or entity. NECC holds all rights to the content on this website.

Subscribers are responsible for obtaining access to the ACE program and access may involve third party fees (such as an internet services provider). NECC is not responsible for these fees. Subscribers must also have access to and be responsible for all equipment necessary to access the ACE program.

As a condition of your use of the website, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any NECC equipment or interfere with any other party’s use and enjoyment of services. You may not attempt to gain unauthorized access to any services other than that for which you have subscribed. Permission to use downloaded and or printed copies of materials in any format from an ACE program is valid only for the duration of your subscription and/or license.

You represent that you are of sufficient legal age (18 to use this program and to bind to legal agreements in its use.) You are responsible for maintaining your password and login confidential to prevent its misuse, and are responsible for any unauthorized activities that occur under your account and NECC is not liable for any content changes or other loss that you may incur as a result of someone gaining access to your account.

While every effort is made to ensure the timeliness and accuracy of the content and services, NECC makes no warranties either express or implied, and assumes no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from their use. In addition, you acknowledge that the content on this site may be changed or updated without notice.

NECC makes no representation or warranty, express or implied, in respect of the content of services that may be accessed through this site by way of links to other sites, including but not limited to the accuracy, accurateness, completeness, correctness, timeliness or reliability, the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this site, or the results to be obtained from using such content or services. NECC makes no representation or warranty that the site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While every effort is made to ensure that all content provided on the ACE program does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and should ensure that you have a complete and current backup of the applicable items on your computer. NECC disclaims any liability for the need for services or replacing equipment or data resulting from your use of the ACE program. While every effort is made to ensure smooth and continuous operation, NECC does not warrant the site will operate error free.

In the event that any portion of these conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the disclaimers and the remainder of the provisions shall remain in full force and effect. NECC’s failure to insist upon or enforce performance of any provisions hereof shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any of these provisions. These provisions shall be governed by the construed in accordance with the laws of the Commonwealth of Massachusetts, and any action brought in connection with the use of the site shall be brought in Massachusetts.

THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER NECC NOR ANY OF ITS AFFILIATES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR THROUGH THE INTERNET GENERALLY; AND UNDER NO CIRCUMSTANCES WILL NECC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES OR ANY PARTS THEREOF, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR ANY FAILURE OF PERFORMANCE. NEITHER NECC NOR ITS AFFILIATES WARRANTS THAT THE USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification:

You agree to defend, indemnify, and hold NECC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the site or your violation of these Terms and Conditions or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment:

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You.

Access from Outside the United States:

NECC makes no representations that the content or the site are appropriate or may be used or downloaded outside the United States. Access to the site and/or the content may not be legal in certain countries outside the United States. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.

General:

These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and NECC that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Boston, Massachusetts. These Terms and Conditions, together with the Privacy Policy and Notice of Privacy Practices, the Copyright Policy and any legal notices published by NECC on the site, shall constitute the entire agreement between you and NECC concerning use of the site. If any provision of these Terms and Conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and NECC’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Information:

Questions or comments regarding this Site should be directed to the contact information provided on this Site.