By accepting these terms and conditions, you (hereinafter referred to interchangeably as “You” or the “Customer”) represent and warrant that:
- You are 18 years of age or older;
- You are legally capable of entering into this contract;
- In the event that You are acting on behalf of a business or other entity, You are authorized to enter into this contract on behalf of that entity;
- You, or the entity that you represent, is not a competitor of Healing Autism Academy or HealingAutismAcademy.com and
- You are not a ‘troll’ as defined by social media convention
By clicking “I agree”, ordering and/or using www.HealingAutismAcademy.com’s services, the Customer agrees to be bound by all of the terms and conditions of this contract of sale (the “Agreement”) This Agreement is entered into between:
Healing Autism Academy LLC, a limited liability corporation registered in Delaware USA (“Healing Autism Academy”); and
you,(“You” or the “Customer”),
Whereas the Customer and Healing Autism Academy both hereby agree to the terms and conditions of this Agreement hereinafter set-out:
- SCOPE OF SERVICE:
Healing Autism Academy offers an on-line learning and educational platform known as www.healingautismacademy.com which has been designed to assist the Customer to better understand the medical illness of autism and how it appears to others, and to provide tools and information that may assist in developing and implementing a treating team and a plan to restore health and optimize the function of people affected by autism (the “Service”).
It is acknowledged that the Agreement is formed in the United States of America and that the Services are provided from and originate within in the United States of America.
- FREE TRIAL:
If you register for a free trial of the Service, Healing Autism Academy will make the Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If Healing Autism Academy includes additional terms and conditions on the trial registration web page, those will apply as well.
During the free trial period, (a) the Service is provided on an “as is” basis and without warranty of any kind, (b) Healing Autism Academy may suspend, limit, or terminate the Service for any reason at any time without notice, and (c) Healing Autism Academy will not be liable to you for damages of any kind related to your use of the Service. Unless you subscribe to the Service before the end of the free trial, all of your data may be permanently deleted at the end of the trial, and Healing Autism Academy may not be able to recover it.
- LAWFUL USE OF THE SERVICES:
The Customer hereby agrees to use the Services only in an authorized manner and in accordance with the terms of services and / or the package selected. In the event that the use by the Customer of the Service breaches the terms of this Agreement or any law, rule or regulation enacted by the relevant authorities from time to time, Healing Autism Academy reserves its right to terminate the Agreement with immediate effect.
- RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES:
In providing the Services, Healing Autism Academy agrees to: (a) perform the Services to the best of its ability and with the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; (b) liaise with the Customer on matters related to the Services; (c) invoice the Customer according to the terms of this Agreement and the applicable Service for the services performed; and (d) comply with the Customer’s reasonable instructions for the disposition of Customer’s data on the termination of this Agreement.
4.2 Reasonable Attempts to Correct Errors on Notice:
Healing Autism Academy warrants that it will at its expense make commercially reasonable attempts to correct any server, interface or technical performance errors with its website, www.healingautsimacademy.com for which Healing Autism Academy is directly and solely responsible by rerunning the Service, provided that the data necessary to correct such errors is available to Healing Autism Academy; or at Healing Autism Academy’s option provide a credit to the Customer equivalent to the charge that would have been applicable for correcting that portion of the Service that is in error, such credit will be only for errors due solely to malfunction of a system or software provided by Healing Autism Academy or any error made by Healing Autism Academy’s personnel in the performance of the Service. To obtain the rerun Service or the credit, the Customer must notify Healing Autism Academy in writing of such errors within thirty days of receipt of the Services believed to contain the errors.
- CUSTOMER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES:
The Customer agrees to (a) provide all necessary data and any special forms or other required materials or information to Healing Autism Academy on schedule or in a timely fashion to enable Healing Autism Academy to provide the Services; (b) ensure the accuracy, legibility, and completeness of all data supplied to Healing Autism Academy and be solely responsible for the results obtained from Customer’s use of any of the Services; (c) comply with Healing Autism Academy’s security and operating procedures (as may be revised or amended by Healing Autism Academy from time to time) when the Customer (and / or its employees or agents) are interfacing with Healing Autism Academy installed systems; and (d) control, and be responsible for the use of, account information, user ID’s and passwords related to the Services when interfacing with Healing Autism Academy installed systems;
5.2 Customer Representations:
The Customer represents and warrants to Healing Autism Academy that: (a) the information Customer has provided for the purpose of establishing an account with Healing Autism Academy is accurate, (b) the Customer has entered into the Agreement to procure the Services for genuine educational purposes and the Customer is not a ‘troll’ as defined by social media convention and (c) the Customer has complied with and will continue to comply with all applicable privacy laws and has obtained and will continue to obtain the requisite privacy consents in the collection and use of all information that may be collected on any website or maintained on any server hosted by Healing Autism Academy.
- TERM, TERMINATION AND SUSPENSION OF SERVICE:
6.1 Initial Term:
The initial subscription term shall begin on the effective date of your Subscription and expire at the end of the period selected during the subscription process.
6.2 Termination by Customer:
The Customer may terminate this Agreement before the end of the Term without liability (except for amounts due for Services provided up to the effective date of the termination) if Healing Autism Academy (a) fails to provide the Services in accordance with the terms of this Agreement,; or (b) materially breaches any other provision of this Agreement and fails to cure that breach within 30 days of receipt of notice in writing from the Customer describing the breach in reasonable detail.
6.3 Termination by Healing Autism Academy:
Healing Autism Academy may terminate this Agreement before the end of the Term without liability (a) on 7 business days’ notice to Customer if Customer is overdue on the payment of any amount due under this Agreement; (b) if Customer materially breaches any other provision of this Agreement and fails to remedy the breach within 10 days’ notice in writing from Healing Autism Academy describing the breach in reasonable detail; or (c) immediately on written notice upon Customer becoming insolvent or bankrupt within the meaning of the Bankruptcy and Insolvency Laws.
6.4 Following termination:
It is agreed that in case of termination, the fees owed to Healing Autism Academy pursuant to this agreement will not be cancelled or waived. The Customer’s data and account settings shall be irrevocably deleted within 30 days from the date of termination. It shall be the Customer’s exclusive responsibility to secure all necessary data from the Customer’s account prior to termination.
6.5 Suspension of Service:
Healing Autism Academy will be entitled to suspend the Service without liability if (a) Healing Autism Academy, acting reasonably, believes that the Service is being used in breach of this Agreement or any applicable law; (b) Customer is in breach of any material term of this Agreement including, without limitation, failing to pay invoiced amounts in full within 7 days of the Due Date. The Customer will not be able to access any files on Healing Autism Academy’s servers during a suspension of Service. Healing Autism Academy will use commercially reasonable efforts to give the Customer advance notice in writing of a suspension of Service unless a law enforcement or governmental agency directs otherwise or suspension without notice is necessary to protect Healing Autism Academy or its other customers. A suspension of Service under this subsection will not be considered a breach by Healing Autism Academy of the terms of this Agreement.
6.6 Term of suspension and retention of data:
Healing Autism Academy shall keep the account of customer suspended under clause 6.5 for a maximum period of one year, thereafter the account stands deleted and the Customer’s data and information shall be deleted from the database of Healing Autism Academy. On special request and on being assured by the Customer about the resumption of services, Healing Autism Academy may extend the period of suspension and retain the data and information for further specified period of time as agreed.
6.7 Renewal of Term:
Unless one party gives the other party notice that it does not intend to renew the subscription, the paid subscription and this Agreement will automatically renew for the period selected by the customer in its latest term (“Renewal Subscription Term”).
Written notice of non-renewal must be sent at least 15 days in advance of the end of the Subscription Term.
The Renewal Subscription Term will be on the current terms and conditions of this Agreement, and subject to the renewal pricing provided for in the Customer’s Order Form or, if not specified in the Order Form, on Healing Autism Academy’s standard pricing available at https://www.HealingAutismAcademy.com.com/pricing/.
Should you decide not to renew, you may send the notice of non-renewal by email to support@HealingAutismAcademy.com
- FEES, BILLING, TAXES, CHARGES:
The fees set forth in the order form created when You initiated Your account shall be effective for the Initial Term and each renewal Term of this Agreement, provided that Healing Autism Academy shall have the right to revise these fees at any time upon thirty (30) days written notice to Customer. In the event that the Customer does not agree with such fee revision, the Customer shall have the right to terminate this Agreement upon thirty (30) days written notice, provided that such notice of termination must be received within thirty (30) days of date of notice of the fee increase.
All monetary amounts used on this website are expressed and billed in US dollars
7.2 Billing and Payment Arrangements:
Healing Autism Academy will invoice the Customer on annual, monthly, quarterly, half yearly or any other mutually agreed period for all recurring fees (refer the link for payment/subscription plans). One‐time fees, including late payment fees, invoice processing fees, and returned check fees may occur at any time. No refunds or adjustment shall be issued for one‐time fees. For recurring fees, no refund or adjustment for plan downgrades, upgrades or elimination of plan features within the current billing term shall be issued. Invoices are irrevocably deemed final and accepted by the Customer unless disputed or sought clarification within thirty (30) days from the date of issue. The Customer shall at all times provide and keep current and up‐to‐date the Customer’s contact, credit card (if applicable) and billing information on the administrative control panel.
7.3 Payment by Credit Card:
For payment, Healing Autism Academy shall only provide an electronic invoice to Customer. Customer may view and print an invoice for Customer’s account (available in product’s interface). If you are paying by credit card, you authorize Healing Autism Academy to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize Healing Autism Academy to use a third party to process payments, and consent to the disclosure of your payment information to such third party. Healing Autism Academy can allow any other mode of payment on special requests and circumstances of the Customer.
The Customer acknowledges that all applicable taxes, duties or government levies whatsoever are not included in the fees and expenses charged under this Agreement. The Customer is liable for any tax, levy or impost (including but not limited to any sales, or value-added taxation) imposed by any relevant authority in the Customer’s jurisdiction in relation to the Agreement and any consequential tax, levy or impost. The Customer agrees that it will be responsible for including relevant financial details of this Agreement in its tax filings if applicable and if required in the Customer’s jurisdiction and will make timely payment of all such taxes, duties or government levies related to this Agreement.
- MODIFICATION OF TERMS AND CONDITIONS:
Healing Autism Academy may update, amend, modify or supplement the terms and conditions of this Agreement from time to time and will use reasonable efforts to notify the Customer regarding the same. The Customer is responsible for regularly reviewing the most current version of this Agreement (at https://www.HealingAutismAcademy.com.com/terms-conditions). If at any time Customer does not agree with any amendment, modification or supplement to the terms and conditions of this Agreement, the Customer may terminate this Agreement if it provides evidence to Healing Autism Academy that the amendment, notification or supplement is material and its effects on the Customer are materially adverse. The Customer’s continued use of Customer’s account and/or the services after the notice period will be conclusively deemed to be acceptance by Customer of any such modifications or amendment.
- LIMITED WARRANTY; LIMITATION OF DAMAGES:
Healing Autism Academy provides the Services to the Customer on an “as is” basis. The Customer expressly agrees that use of the Services is at the Customer’s sole risk. Healing Autism Academy and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Customer hereby agrees that the terms of this agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this agreement.
9.2 Limitation of Liability:
Healing Autism Academy and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the services or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether Healing Autism Academy has been advised of such damages or their possibility.
9.3 Limitation on Damages
The Customer agrees that the Customer’s sole remedy for any claims regarding the Services is limited to damages and that any damages awarded cannot exceed the total sum of the fees paid by the Customer to Healing Autism Academy pursuant to this Agreement.
9.4 Customer Responsibility:
The Customer is responsible for the content of the information and data originating from the Customer and passing through Healing Autism Academy’s network or using the Services and for all activities that Customer conduct with the assistance of the Services.
- SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS:
10.1 Ownership of Intellectual Property:
All Intellectual Property, including any software, digital imaging, videos or educational content, owned by Healing Autism Academy, its licensors or subcontractors as at the date of this Agreement shall continue to be owned by Healing Autism Academy, its licensors or subcontractors and, the Customer shall not acquire any right, title or interest in or to such Intellectual Property. Healing Autism Academy shall own all right, title and interest in and to any materials created or developed by Healing Autism Academy or its subcontractors for its internal use or for assisting Customer in the provision of the Services.
10.2 Right to use logo:
The Customer, if a business, association, corporation, LLC, foundation or other non-personal entity, agrees to let Healing Autism Academy use that organization’s logo in Healing Autism Academy’s customer list and at other places on its website (including but not limited to www.HealingAutismAcademy.com).
10.3 No Assurance of Compatibility:
The Customer acknowledges that Healing Autism Academy makes no representation, warranty or assurance that the Customer’s equipment and Software will be compatible with Healing Autism Academy’s equipment, Software and systems or the Services.
11.1 Healing Autism Academy will not use any of Customer’s Confidential Information except in connection with the performance of the Services or the exercise of its rights under this Agreement and will take all reasonable precautions to maintain the confidentiality of Customer’s Confidential Information and to prevent the unauthorized disclosure to others of the Confidential Information. Healing Autism Academy shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to Customer by inadvertent breaches of confidentiality.
11.2 Healing Autism Academy shall only disclose the Confidential Information to those of its employees and permitted agents and subcontractors who have a need to know and require access to the Confidential Information as may be reasonably necessary in the exercise of Healing Autism Academy’s rights and performance of the Services under this Agreement. Notwithstanding anything to the contrary in this Agreement, Healing Autism Academy will not be required to keep confidential, and may use or license without restriction, any ideas, concepts, know-how or techniques related to information processing which are developed by Healing Autism Academy in the performance of Services.
11.3 Notwithstanding the foregoing, Healing Autism Academy shall be permitted to: (a) monitor Customer’s use of the Services; (b provide any information, including Confidential Information, required by law or regulation to be disclosed, or in response to a formal or informal request from a law enforcement or government agency; and (c) disclose that Healing Autism Academy is providing the Services to Customer and may include Customer’s name in promotional materials including press releases and on Healing Autism Academy’s website.
The Customer shall indemnify, defend and hold harmless Healing Autism Academy (and its subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors and licensors) of any and all Claims (including third party Claims) arising as a result of or in relation to any breach of this Agreement or fault by the Customer, or in relation to any activities conducted by Customer through the Services, or otherwise in relation to “Customer’s” products or services.
- GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. The Customer agrees, in the event any claim or suit is brought in connection with this Agreement, it shall be brought to the exclusive jurisdiction and venue of the courts of Jacksonville, Florida. In any action to enforce this Agreement, including, without limitation, any action by Healing Autism Academy for the recovery of fees due hereunder, the Customer shall pay reasonable attorney’s’ fees and costs in connection with such action.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement, and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Healing Autism Academy of any breach by Customer of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing.
Neither party may assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the other party, which shall not be unreasonably be withheld; provided that Healing Autism Academy may assign or transfer this Agreement, or any rights or obligations hereunder, in whole or in part: (i) to an affiliate of Healing Autism Academy, (ii) in connection with a merger, amalgamation or sale of all or a substantial part of the business of Healing Autism Academy, or (iii) for financing, securitization, corporate reconstruction or other similar purposes, which assignments and/or transfers shall operate novation and discharge Healing Autism Academy hereunder..
The terms and conditions along with privacy policies with all references, constitutes the sole and entire agreement of the parties to this agreement with respect to the subject matter contained herein, and supersedes all prior terms and conditions which were agreed by the Customer.
- MINIMUM BROWSER SOFTWARE REQUIRED:
You agree that you are and will continue to use at least the minimum functional device and Web Browsers as listed below:
Galaxy S4 or Higher
Galaxy Tab 4 or Higher
Galaxy Note 3 or Higher
Google Nexus 7 or Higher
Google Pixel 7.1 or Higher
Motorola G or X or Higher
Apple iPhone 5S or Higher with a Minimum of iOS 9
Apple iPad with a Minimum of iOS 9
Windows 7 with IE10 or higher
Windows 7 with Chrome 50 or higher
Windows 7 with FireFox 50 or higher
Apple Mac Snow Leopard Minimum with
Chrome 40 or Higher
Firefox 50 or higher
Safari 6.2 or higher
- MEDICAL DISCLAIMER
The information on this website is a sharing of information and knowledge from the research and experience of JBIP LLC and / or Julie A. Buckley MD and some of her qualified functional medicine colleagues. Some treatments discussed may be considered “off label” by the FDA. The information provided here is not intended to replace your individual relationship with a qualified health care professional. It also is not intended to be medical advice. However, it is often observed that patients who take a major interest in their disease and learn as much as they can about their disease and potential treatments often improve faster than those who don’t. You are encouraged to make your own health care decisions based upon your own research and discussions with your qualified health care professional.