Bierman Autism Centers
(Effective Jauary, 2022)
Please note, there may be additional terms and conditions associated with certain services that we provide; these Terms are general in scope and are superseded by the more specific terms and conditions for those products, services and purchases.
PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
We may modify these Terms from time to time, in our sole discretion. All revisions shall be effective upon posting, unless otherwise noted. You agree to be bound by any changes to the Terms when you use the Website after any such revision is posted. Please review the Terms periodically, as it is your responsibility to abide by the current Terms at all times.
The Website is not directed to minors. Children under the age of thirteen (13) are not authorized to use the Website at all. Persons over the age of thirteen (13) but under the age of eighteen (18) are not authorized to use the Website without the supervision and permission of their parent or guardian. If, in the future, we decide to direct the Website or portions thereof to children under thirteen (13), we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent.
Purpose of Website
The Website may be used only for lawful purposes. You agree not to use the Website for any unlawful or prohibited purpose. Appropriate legal action may be taken by Bierman for any illegal or unauthorized use of the Website.
The Website provides general information about Biermann’s services and products and allows registered users to sign up for selected services and pay their bills.
Despite our best efforts to provide accurate information, it is not possible to completely ensure that information on the Website is correct at all times. Bierman assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Website.
If you become aware of misuse of the Website, please contact us directly at email@example.com.
The Website design and all text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Website are the property of Bierman or its licensors, and are protected by U.S. and international intellectual property laws, including, but not limited to copyright. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Bierman or our licensors without obtaining prior written consent. Please contact us at firstname.lastname@example.org with any inquiries, permission requests, or to report suspected copyright infringement.
If you believe your proprietary work has been copied and/or posted on the Website in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
For the limited purpose of your use of the Website, we grant you a limited, revocable, personal and non-transferable license to use the Website for your personal, lawful business purposes, in strict accordance with the Terms, and for no other purpose. Bierman reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Website for any reason or no reason, without notice, and without liability to you or anyone else. Bierman also reserves the right to block users from certain Internet Protocol addresses and prevent access to the Website.
Links to Third-Party Sites
Your Representations and Warranties
You represent and warrant that: (i) you are over the age of thirteen (13); (ii) if you are over the age of thirteen (13) but under the age of eighteen (18), you will not use the Website without the permission and direct supervision of your parent or guardian; (iii) you will not use the Website for any unacceptable or illegal purpose; and (iv) the information you provide through the Website will be true, complete and correct and you will update all information as it changes.
Information You Provide
You are solely responsible for any and all information you provide and materials you upload to the Website. You represent and warrant that any information and materials that you provide are factually accurate, and do not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party, and are not unlawful, fraudulent, obscene or otherwise objectionable.
We are under no obligation to monitor or modify the content of the Website and assume no responsibility for any inappropriate content or conduct that is posted or occurs on the Website. We do not control or endorse any content posted on the Website by third parties, and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Website.
When you register and open an account through the Website, you will designate a user name and password. You are solely responsible for choosing and maintaining the confidentiality of the user name and password, and you are solely responsible for all activities made through your account. You must notify us immediately if you experience or suspect any unauthorized access to or use of your account or any other breach of security. We reserve the right to take any and all action, as we deem necessary to ensure the security of the Website and our customer accounts, including but not limited to terminating access, closing accounts, or requesting additional authentication information before processing transactions. However, in no event will Bierman be liable to you for any liabilities or damages resulting from or arising out of (i) any unauthorized access to or use of your account or password, or (ii) any action or inaction of Bierman under this section.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIERMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, BIERMAN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You acknowledge and agree that you will access and use the Website at your own risk. Bierman is not responsible for any incorrect or inaccurate submissions or postings on the Website, whether caused by us, other users of the Website or by any of the equipment or programming used in or associated with the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.
Limitation of Liability
BIERMAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO ACCESS OR USE THE WEBSITE, EVEN IF BIERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BIERMAN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE RELATIONSHIP BETWEEN YOU AND BIERMAN, AND THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You hereby agree to indemnify, defend and hold Bierman, its officers, directors, employees, agents, partners and contractors, harmless from any loss, liability, damages, claims or demands (including court costs and reasonable attorneys’ fees, including in connection with enforcing this indemnification clause) made by any third party due to or arising out of your use of the Website, your violation of the Terms, or any breach of your representations and warranties set forth herein.
If any provision of these Terms is held invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall remain valid and enforceable.
Validity of Terms
A printed version of the Terms and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents originally in printed form.
Governing Law; Miscellaneous Legal Terms
The Terms are governed by the laws of the State of Indiana, without giving effect to any principles of conflicts of laws. Use of the Website is unauthorized in any jurisdiction that does not give effect to the Terms, including this paragraph. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Bierman may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without Bierman’s written consent. These Terms do not provide any third party with any remedy, claim, or right of reimbursement.
Although the Website may be accessible by persons located in countries outside the United States and its territories, it may contain or offer services that are not available outside the United States or its territories. Any such access does not mean or imply that any particular Bierman services will be available to anyone outside the United States or its territories. And if you do access and use the Website outside the United States or its territories, you are solely responsible for complying with any and all applicable laws and regulations relating to all such access and use.
You may not use the Website in any way if you are the subject of sanctions under either applicable United States law or sanctions that are consistent with applicable United States law imposed by the government of any country where you are located. You are solely responsible for complying with all domestic United States or foreign export and import restrictions that may apply.