Please read the following Terms of Use (“Terms”) carefully. They govern your use of Genesis Autism Center, LLC’s (“Genesis”, “we” or “us”) website at www.GenesisAutismCenter.com (the “Website”). The Website is an interactive online service operated by Genesis. By using the Website, you acknowledge that you have read and understand all the Terms, and you agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.GenesisAutismCenter.com/privacy and incorporated herein by reference. Your use of the Website shall constitute consent to these Terms. If you do not agree to these Terms, please do not access, or use the Website.
I. USE OF THE WEBSITE.
The Website is an online source of general information about health conditions, health care procedures, health care providers, and other topics. Any reliance you place on any information on this Website is strictly at your own risk.
II. RIGHTS RESERVED.
Your use of the Website is a privilege. Your access to and use of the Website is completely at the discretion of Genesis, and your access to and use of all or part of the Website may be blocked, suspended, or terminated should your use violate these Terms.
Genesis hereby grants you a limited, terminable, non-exclusive right to access and use the Website for your personal use. This authorizes you to view and download a single copy of the material on the Website solely for your personal use. You must include the following notice in any downloaded materials: “Copyright Genesis Autism Center, LLC. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material is permitted without the express written permission of Genesis Autism, LLC.”
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Genesis, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Website, including, without limitation, written content, graphical and design elements (including the Website’s “look and feel”), and service marks and trademarks. You must not use such marks or, except as otherwise permitted by these Terms, download, modify, make derivative works of, store or transmit any material on the Website, or any portion of the Website, without the prior express written consent of Genesis. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, contract, and other laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Genesis.
III. DISCLAIMER.
Information provided through the Website and does not constitute nor is intended to be a substitute for the professional advice, judgment, treatment, or recommendations of a physician or other professional medical personnel. Information on this Website is not intended to diagnose a condition, prescribe treatment, or perform any other tasks that constitute or may constitute the practice of medicine. Never delay treatment or seeking treatment, disregard professional advice, or make a treatment decision based solely upon information provided through the Website. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through this Website. It is your responsibility to verify the accuracy, completeness, or usefulness of any information on this Website. Your use of the Website, the Internet, any materials you post or access on our Website, and your online and offline conduct are at your own risk.
The materials on this Website are provided by Genesis and its affiliates. Genesis and its affiliates disclaim all warranties and limit all liability arising in connection with this Website to the same extent and in the same manner as we do in these Terms. You agree that Genesis and its affiliates may rely on your acceptance of such disclaimers and limits.
We make no representations or warranties whatsoever regarding the Website and any materials on the Website nor to the completeness, security, reliability, quality, accuracy, or availability of the same. THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS AND/OR EXPECTATIONS.
Bloggers who post articles on this Website may or may not be employed by Genesis and each blogger is solely responsible for the content of any blog posted. Each blogger represents to Genesis that the articles they submit are original and do not infringe any copyright. The opinions expressed by any blogger are their own and do not reflect the opinion or endorsement of Genesis.
We explicitly disclaim any responsibility for the accuracy, content, information, products, services, software, or other materials or availability of information found on a website that links to or from the Website. We may offer links to, or incorporate into the Website, third-party sites that offer various products and/or services, including links to a patient portal to access medical records and/or other sites solely for your convenience. Genesis cannot ensure that users will be satisfied with any products or services that are purchased from any third-party site since they are owned and/or operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third-party site or make any representations or warranties about the security of any information users may be requested to give a third-party site. Your use of such third-party websites or information is subject to and governed by any terms of use and privacy policy posted on any such third-party website. We strongly encourage users to make their own investigation of any third-party site before proceeding with any transaction with such third parties.
IV. LIMITS OF LIABILITY.
A) NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B) THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF $100 USD OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
V. HIPAA.
Please be advised that while Genesis, in certain capacities, is regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), it is not the intent or designed purpose of the Website to collect, store or transfer Protected Health Information (“PHI”). Your use of the Website does not create a patient relationship between you and Genesis, or between you and any health care professional employed by or associated with Genesis. Any information you provide through the Website will not be considered a medical record or PHI except as entered into the Contact form which is provided via a HIPAA compliant secure form. Please do not enter or share sensitive healthcare information, including PHI, into the Website except into the Contact form.
VI. GOVERNING LAW AND VENUE.
The laws of the Commonwealth of Virginia shall govern these Terms. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia for the City of Hampton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
VII. WAIVER OF JURY TRIAL.
YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF USE.
VIII. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Genesis, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.
IX. CHANGES TO THE TERMS OF USE.
Genesis reserves the right to change the Terms in its sole and absolute discretion at any time. All changes to the Terms are effective from the date posted. We will post notification of changes on the Website and email notification to registered users. Your continued use of the Website after the posting of any changes (whether or not you received email notice) constitutes your acceptance of such changes.
X. SEVERABILITY.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the invalid, illegal, or unenforceable provision or provisions shall be severed and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
XI. WAIVER.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
XII. SURVIVAL.
All provisions of these Terms, except provisions that grant you access to or use of the Website, shall survive the termination of the agreement between you and us.
XIII. BINDING.
These terms shall be binding upon you and us and your and our legal representatives, successors, and permitted assigns.
XIV. NON-ASSIGNABILITY.
This agreement may not be assigned by you.
XV. ENTIRE AGREEMENT.
Except as may be expressly stated in any other written agreement between you and us, these Terms, including the Privacy Policy, contain the entire understanding between you and us and supersede any prior agreements between you and us, whether written or oral.
XVI. QUESTIONS OR COMMENTS.
If you have any questions, comments or concerns about these Terms, the Website, or your dealings with Genesis, please email your questions to Email Compliance at care@GenesisAutismCenter.com.
