Terms of Service

Description of Services
KandooIT, LLC (“JF”, “we”, “us” or “our”) provides a platform via its website, messenger service and apps (the “Website”) to a community of registered users (“users” or “you”) to engage in a variety of autism community related activities including connecting with other autism families, local and specialty groups, ask questions on forums. Find autism related service providers, create fundraisers and donate to autism charities. Participate in autism related events. Catch up on autism blogs, news and research (individually and collectively, the “Services”). The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Website and the Services.


Acceptance of Terms
BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, DELETE YOUR ACCOUNT.


Modification of Terms
JF reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, JF will notify you by posting an announcement on the Website. What constitutes a material change will be determined at JF’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications.

Your access to and use of the Website may be interrupted from time to time as a result of equipment malfunction or maintenance of the Website or any other reason within or outside of our control. JF reserves the right to suspend or discontinue the availability of the Website, remove any content at any time at its sole discretion and without prior notice. JF may also impose limits on certain features or restrict your access to parts of or all of the Website without notice or liability.


User Conduct
All content posted or otherwise submitted to the Website, and any comments, or other communications is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not JF, are entirely responsible for all Content that you post, or otherwise submit to the Website, including via messages exchanged through JF’s messenger service. JF does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by JF. By way of example, and not as a limitation, you agree not to use the Website:

To abuse, harass, threaten, impersonate or intimidate any person;

To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

To communicate with JF representatives or other users in an abusive or offensive manner;

To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any JF user;

To create or transmit unwanted ‘spam’ to any person or any URL;

With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;

To report a suspected abuse of the Website or a breach of the Terms please send written notice to JF at email: help@JuliasFriends.org.

You are solely responsible for your interactions with other users of the Website, including any communications that you exchange through JF’s messenger service. JF reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through JF’s messenger service, based on any reports that JF receives alleging the violation of these Terms through the use of JF’s messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.

If the Website are used in a manner that violates the Terms in any way, JF may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Website and/or take any steps that it deems appropriate to address the situation.


Privacy Policy
Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.


Your Account
When using the website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The JF is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The JF may refuse or cancel service, terminate your account, and remove or edit content.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

The JF does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.

 

Services
The website allows you to use Services available on the website. You shall not use the services for the illegal aims.


Third Party Services
The website may include links to other websites, applications, and platforms (hereinafter the "Linked Sites").

The JF does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The JF makes these links available to you for providing the functionality or services on the website.


Copyright Complaints
The JF respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Website infringes the copyright or other intellectual property rights (“Infringement”) of any person. The JF will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Website.

To notify the JF of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of copyright@juliasFirends.org and include in your notice a detailed description of the alleged Infringement to enable the JF to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide the JF with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at copyright@juliasFriends.org. You must include in your counter notice information to enable the JF to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.


Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement
The JF has registered an agent with the United States Copyright Office in accordance with the terms of the DMCA and avails itself of the protections under the DMCA. The JF reserves the right to remove any Content that allegedly infringes another person’s copyright. In appropriate circumstances, JF will terminate the accounts of users who infringe copyright. Notices to JF regarding any alleged copyright infringement should be directed to JF via email at: copyright@juliasFriends.org


Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us (either directly or through your authorized representative) with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the Website the material that you claim is infringing may be found, URL for JF to locate the material;
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright JF, its agent, or the law and is not a fair use;
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • Your electronic or physical signature.


Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide JF with a written counter-notification containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  • Your electronic or physical signature.


Prohibited Users and Intellectual Property
The JF grants you a non-transferable, non-exclusive, revocable license to access and use the website in accordance with the Terms.
You shall not use the website for unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere with the website.

All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and herein before the "Content"). The Content is the property of the JF or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The JF does not grant you any licenses to the intellectual property of the JF.


The JF Materials
By posting, uploading, inputting, providing or submitting your Content you are granting the JF to use your Content in connection with the operation of JF's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The JF shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.


Disclaimer of Certain Liabilities
The information available via the website may include typographical errors or inaccuracies. The JF shall not be liable for these inaccuracies and errors.

The JF makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The JF disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the JF be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.


Indemnification
You agree to indemnify, defend and hold harmless the JF, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and JF’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The JF may assume the exclusive defense and you shall cooperate with the JF in asserting any available defenses.


Termination and Access Restriction
The JF may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.


Governing Law and Choice of Forum
The Terms shall be governed by and construed according to the laws of the State of Florida, without giving effect to its choice of law principles. The parties agree that all actions and proceedings arising out of or relating directly or indirectly to this Terms or any ancillary agreement or any other related obligations shall be litigated solely and exclusively in the state or federal courts located in the Broward county, Florida, and that such courts are convenient forums. Each party hereby submits to the personal jurisdiction of such courts for purposes of any such actions or proceedings. In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorney fees.


Warranty Disclaimer
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES


Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.

YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.


Miscellaneous
You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the JF as a result of the Terms or use of the website.

Nothing in the Terms shall be a derogation of the JF's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the JF.

The Terms constitute the entire agreement between you and the JF regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the JF.

The JF and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond JF's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terrorist acts, war, or any other force outside of JF's control.

In case of controversies, demands, claims, disputes, or causes of action between the JF and you relating to the website or other related issues, or the Terms, you and the JF agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the state or federal courts in Broward county, State of Florida.


Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Contact Information
We welcome your comments or questions about our Terms. You may contact us through the contact information available on our website.


Last Updated: March 3, 2019