Gerd Winkler Global LLC Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OFFERED ON THE SITE.
BY USING THIS WEBSITE OR ANY RELATED SERVICES, TOOLS OR PRODUCTS OFFERED BY OR ON THIS WEBSITE (COLLECTIVELY, THE “SITE”), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE OR ANY SERVICES OFFERED ON THIS SITE!
Gerd Winkler Global LLC and Global Autism Solutions (“GWG” or “GAS” or “we” or “us”) may revise, update or change these Terms and Conditions at any time upon notice to you as described below under “MODIFICATION”. Your continued usage of the Site or the services offered on this Site after receipt of such notice from us constitutes your agreement to those revisions, updates and changes.
WE DO NOT PROVIDE MEDICAL ADVICE, OR ANY THERAPY, COUNSELING, PSYCHIATRIC OR PSYCHOLOGICAL SERVICE OR ADVICE
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The contents of the Site, such as text, articles, videos, graphics, images, communications, the Services, users or members of the Site, and other material contained on the Site or provided as part of any Services (collectively, the “Website Content”) are for informational purposes only. “Services” means any educational, coaching, consulting, training or other services or tools offered or made available by or on this Site by GWG or provided by GAS in connection with this Site. The Website Content (including the Services) is not intended to be a substitute for any clinical, therapeutic, counseling, psychiatric or psychological or medical advice, diagnosis, or treatment, any medical exam or other services that are provided by a licensed physician, therapist, counselor, psychiatrist, psychologist or other health professional (each, a “Licensed Healthcare Provider”). As such, you should always seek the advice of your Licensed Healthcare Provider with any questions you may have regarding autism or any other medical condition or before engaging in any activities, and never disregard such advice or delay in seeking it because of something you have read on this Site or as part of the Services. Only your Licensed Healthcare Provider can provide you with advice on what is safe and effective.
If you think there may be a medical emergency, call your doctor or 911 immediately. Reliance on any information or Service contained on the Site or provided by GWG, GAS Personnel appearing on the Site at the invitation of GWG, or visitors to or users of the Site, is solely at your own risk.
CHILDREN’S PRIVACY
We also do not permit any person who we actually know to be a child under the age of 18 visit the Site or to receive or subscribe for any Services.
A parent or legal guardian of a child under the age of 18, however, may use the Site or the Services, for the benefit of or in connection with his or her child. The parent or legal guardian of such child: (1) is solely responsible for determining and reviewing what personally identifiable information, personal health information or other information concerning such child is disclosed, made available, entered or posted to the Site or as part of any Service, (2) is solely responsible for supervising such child’s actions and decisions, and for protecting such child, in connection with the Site or any Service (or any use by such child of the Site or any Service), and (3) agrees that such personally identifiable information, personal health information or other information concerning such child shall be treated under these Terms and Conditions and the Privacy Policy in the same fashion as if it were such parent’s or legal guardian’s own personally identifiable information, personal health information or other information. The parent or legal guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Site or Services for his or her child under the age of 18.
Use of Content
You understand and agree that the Website Content, including the Services and information included therein, is the proprietary information of GWG or its licensors or other suppliers (collectively, the “GWG” Licensors”), retain all right, title and interest in and to the Website Content.
Accordingly, you agree not to reproduce, modify, transmit, publish, distribute to any third party or prepare derivative works of any Website Content, including any online reports, without the written consent of GWG, except that you may view, download and print out a copy of the Website Content, including any online reports, solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2018 Gerd Winkler Global LLC all rights reserved”, and other copyright and proprietary rights notices that are contained in the Website Content. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Website Content. Additional or special rules for the use of certain Website Content, including Services or other items accessible on or in connection with the Site, may be included elsewhere within the Site and are incorporated by reference into these Terms and Conditions.
The Website Content, including the Services and the information included therein, is protected by copyright under both United States and other laws. Any use of the Website Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. You may not link to any part of the Site or Website Content or frame or otherwise display in any manner the Website Content at any other website or elsewhere.
“Global Autism Solutions”, and the Global Autism Solutions logo and tagline, are trademarks, service marks, registered trademarks or registered service marks of GWG and are proprietary to GWG. All other company, product, service and brand names or logos, including “PayPal”, are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. None of these marks may be used in connection with any service or products other than those provided by GWG or the owner thereof.
The Site and the Website Content, including Services and features, are subject to change or termination at any time, without notice, in the editorial discretion of GWG. All rights not expressly granted herein are reserved to GWG and the GWG Licensors.
If you violate any of these Terms and Conditions, your permission to use the Site and the Website Content, including Services, automatically terminates and you must immediately destroy any copies you have made of any portion of the Website Content.
LIABILITY OF GWG AND GWG LICENSORS
The use of the Site and the Website Content, including the Services, is at your own risk.
You understand that, except for any Website Content, including Services, that is clearly identified as being supplied by GWG, GWG does not, in any way, operate, control, support, encourage, verify, agree with or endorse any comments, opinions, articles, views, statements, information, products or services that appear on the Site, including as part of any Service or any Website Content, on the Internet or otherwise, including any such comments, opinions, articles, views, statements, information, products or services of any user or member of, or visitor to, the Site (collectively, “Third Party Information”).
YOU ALSO UNDERSTAND THAT GWG CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE, INCLUDING AS PART OF ANY SERVICE, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. GWG does not assume any responsibility or risk for your use of the Internet. When using the Site or the Website Content, including the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of GWG and its licensors. ACCORDINGLY, GWG ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF OUR SITE OR THE WEBSITE CONTENT, INCLUDING THE SERVICES.
You expressly recognize that some Internet Service Providers may continue to cache prior versions of the Site after modifications are made thereto, including any modifications or deletions to any Website Content that are made or requested by you, and such Internet Service Providers are not affiliated with GWG. GWG SHALL HAVE NO LIABILITY IN RESPECT OF, OR IN CONNECTION WITH, THE MATTERS DESCRIBED IN THE PRECEDING SENTENCE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL:
a. GWG OR ANY GWG LICENSOR BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES (INCLUDING LOSS OF DATA OR USE, PAIN AND SUFFERING, PERSONAL INJURY, INCLUDING DEATH, EMOTIONAL DISTRESS OR SIMILAR DAMAGES), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WEBSITE CONTENT OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE, WEBSITE CONTENT OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WEBSITE CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
b. THE AGGREGATE AND COLLECTIVE LIABILITY OF GWG AND GWG LICENSORS TO ANY PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT OF FEES (IF ANY) THAT SUCH PERSON HAS PAID TO GWG FOR THE APPLICABLE WEBSITE CONTENT OR SERVICE OUT OF WHICH SUCH LIABILITY AROSE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH LIABILITY OCCURRED, OR $0 IF SUCH PERSON HAS NOT PAID ANY SUCH FEES DURING SUCH 12-MONTH PERIOD,
c. ANY GWG PERSONNEL or agent thereof LIABILITY UNDER OR IN CONNECTION WITH THE SITE, WEBSITE CONTENT OR SERVICES, OR
d. GWG BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH, ANY THIRD PARTY INFORMATION, THIRD PARTY PRODUCTS OR SERVICES, GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY GWG, INCLUDING INTERNET SERVICES, OR OTHER EVENTS OR OCCURRENCES CAUSED, IN WHOLE OR IN PART, BY ANY THIRD PARTY (INCLUDING ANY MISUSE OF THE SITE, WEBSITE CONTENT OR SERVICES) OR OTHERWISE OUTSIDE OF GWG’S CONTROL, INCLUDING ANY “ACT OF GOD”.
ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WEBSITE CONTENT OR SERVICES, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MODIFICATION
GWG reserves the right, in its sole discretion, to amend these Terms and Conditions, and to modify, add, delete or discontinue any aspect, content, or feature of the Site or any Website Content or Service. Such amendments, modifications, additions, deletions or discontinuations shall become effective upon notice thereof to you, which may be provided to you by email or electronic message to your User Home or Team Page. After receipt of such notice from us, your continued use of the Site or any such Website Content or Service shall constitute your binding acceptance of any such amendments, modifications, additions, deletions or discontinuations.
USE ONLY IN UNITED STATES
GWG is based in Ashland, Oregon, in the United States of America. GWG makes no claims that the Site or any Website Content or Services are appropriate or may be downloaded outside of the United States. Access to the Site or any Website Content or Service may not be legal by certain persons or in certain countries. If you access the Site or any Website Content or Service from outside of the United States, then you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, including United States export laws and regulations.
JURISDICTION
These Terms and Conditions are governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with GWG, or in any way relating to your use of the Site or any Website Content or Service, resides in the courts located in the State of Oregon, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located in the State of Oregon in connection with any such dispute including any claim involving GWG or its owners, employees, contractors, officers, directors, telecommunication providers, or content providers.
MISCELLANEOUS
Questions or comments regarding the Site, Website Content or Services, including any reports of non-functioning links, should be submitted using our “Contact Us” form on the Site. While we endeavor to respond to questions, comments and other correspondence in a timely manner, we may not always able to do so.
