At Stimulus Publications, Inc.(“Stimulus,” “us”, “our,” or “we”), our goal is to provide parents, educators, schools, and similar authorized users with the resources they need to assess and track the functional progress and growth of learners on the autism spectrum and who have developmental disabilities. Towards that end, we have developed an online edition of the Assessment of Functional Living Skills (“AFLS”) (“AFLSonline”). We are thrilled you have chosen to use AFLSonline and any other products or services that we provide to you in conjunction with it (collectively, “Services”).
Please note these Terms do not govern your use of our generally-accessible website located at https://www.stimuluspublications.com/, which is subject to the terms and conditions posted there.
You accept these Terms by accessing or using our Services. If you are accessing or using our Services on behalf of an organization or other legal entity (“Organization”), you represent that you have the authority to agree to these Terms on behalf of your Organization. If you do not agree to these Terms or do not have authority to accept them on behalf of your Organization, you may not continue to access or use the Services and you must discontinue all access and use of the Services.
You agree to periodically review these Terms. You also agree Stimulus may revise, change, or modify these Terms from time to time at its sole discretion and without further notice to you. Any new version of these Terms will take effect as soon as it is posted. Your continued access and use of the Services will constitute acceptance of any revised, changed, or modified Terms.
Stimulus provides the Services to authorized users, such as parents, educators, and schools, to assess the development of learners with autism and other developmental disabilities.
Please note that all features, content, specifications of our Services, and any products or prices described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.
The Services are not a medical diagnostic tool, and are not intended for use by physicians, clinicians, nurses, or any other medical or healthcare professionals who are not otherwise the parents or lawful guardians of a learner or associated with a learner’s educational institution (“Medical Professional”). No user may grant a Medical Professional the ability to create, edit, modify, alter, or otherwise revise any learner’s records on the Service. Such use by Medical Professionals is strictly prohibited, even where a Medical Professional otherwise has consent from the learner’s parent, legal guardian, school, or another authorized person. By using our Services, you assert that you are not a Medical Professional or another person who is not permitted to use our Services. By using our Services, you also represent you will not allow any Medical Professional to create, edit, modify, alter, or otherwise revise any learner’s records on the Service.
While we strive to ensure that our Services and all other information we provide is complete, accurate and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Services. We also do not make any representations or warranties regarding the quality or safety of any products or services, or third party products or services offered or made available via the Services. We reserve the right to correct any errors or omissions in the Services, but we do not have any obligation to do so. Although we take reasonable steps to prevent the introduction of viruses, worms, Trojans, malware, or other malicious software or other destructive materials to the Services, Stimulus does not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such contaminating or destructive properties. You understand and agree that any content, files, or information downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that Stimulus is not liable for any damages or harm to your device or loss of data attributable to such content, files, or information. If you rely on the Services and any materials available through the Services, you do so solely at your own risk. Stimulus is not responsible for any errors or omissions or for the results obtained from the use of any information provided on the Services.
The Services – including AFLSonline – are intended for adult audiences only and are not intended for or directed to anyone under 18 years of age. No one under 18 is allowed to access or use our Services. By using our Services, you represent you are over 18, can form a binding contract with us, and will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
The Services allow authorized users –including, parents, guardians, and school officials– to track, assess, and monitor the functional development of particular learners. Such learners may be under the age of 18 and/or be otherwise under the care of a parent, guardian, or school. By using our Services and creating, accessing, viewing, modifying, or otherwise using the Student Records and Student Information of a particular learner, you represent that you either (1) are the parent or guardian of the learner; or (2) have received valid consent from the learner’s parent or guardian to create, access, view, modify, or otherwise use the learner’s Student Records and the Student Information contained therein.
Stimulus grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Services in a way allowed by these Terms, our other policies, User Agreements, and applicable law.
You are ultimately responsible for all content posted and activity by you or that otherwise occurs under your account on the Services (even if that content or activity occurs from other individuals who have accessed the Services through your account). You will not use the Services for any unlawful purpose or any purpose that is prohibited by these Terms, our other policies, User Agreements, or applicable law. You also agree not to interfere with the Services, develop any third party application to interact with the Services without our express written permission, attempt to reverse engineer the Services, or use the Services in a way that violates Stimulus’s rights or the rights of a third party.
The AFLSonline platform, the information, photos, text, graphics, videos, tools, images, and all other content and materials provided by or made available through the Services (“Content”) is owned or licensed by Stimulus, and is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use the Content and Marks for any purpose whatsoever not permitted by these Terms or the User Agreement.
We respect the intellectual property rights of others – including copyrights – and prohibit the use of our Services in any manner that violates those rights. Some of the Content available through our Services may come from other users and third parties. All other Content and Marks that appear through our Services are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights, including any rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
Under the U.S. Digital Millennium Copyright Act (“DMCA”) copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Services infringe on your copyright, please provide the following information in a notice to our designated agent at the address below:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of authorized users of the Services who are repeat infringers.
You play a key role in maintaining the integrity of your account, and the information accessible from your account. You are responsible for protecting the security of your account credentials, including your password. You are required to inform Stimulus if you discover or suspect that your account has been subject to any unauthorized access within 24 hours of discovery of such actual or suspected unauthorized access. Additionally, you may not share your account credentials with others. Stimulus will not be responsible or liable for any compromise to your account that results from your failure to adhere to these obligations.
We may provide links via the Services to third party websites or services that may be of interest to you. Stimulus is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided solely as a convenience to you and should not be considered an endorsement by Stimulus of these websites or of the companies that own them.
You may terminate your account at anytime by providing written notice to us at firstname.lastname@example.org. Upon termination, we may delete your account as well as all associated information and you shall immediately refrain from any use of your account or the Services.
We reserve the right to change, modify, terminate, or otherwise alter these Terms at any time at our sole discretion, without notice and without penalty. Such modifications shall become effective immediately upon posting of the updated Terms. You should review these Terms on a regular basis to keep yourself apprised of any changes. The following provisions shall survive any termination: Your Use of Our Services; Disclaimers; Limitation of Liability; Indemnity; Choice Law and Jurisdiction; Severability; and Complete Terms.
We may also, in our sole discretion, terminate or restrict your use or access to our Services (or any part thereof, including the Portal), for any reason, including, without limitation, where Stimulus believes you have violated or acted inconsistently with the letter or spirit of these Terms, the User Agreement or other provisions, conditions, or policies of the Services.
You agree to indemnify, defend, and hold Stimulus, its subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Services and access or use made through your account; (b) your content; (c) your breach of these Terms or the documents it incorporates by reference; (d) your negligence or misconduct; or (e) any claim or allegation that your use of any Services infringes the copyright, trademark, trade secret, patent or other rights of a third party. Stimulus may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
THE SERVICES AND MATERIALS CONTAINED ON THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STIMULUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES AND THE MATERIALS CONTAINED ON THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL STIMULUS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF STIMULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
STIMULUS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. STIMULUS IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THERE MAY BE DELAYS, ERRORS, DEFECTS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. STIMULUS IS NOT RESPONSIBLE FOR THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, THE CONTENT OF THE SERVICES OR ANY OTHER WEBSITE THAT MAY BE LINKED TO OR THROUGH THE SERVICES.
IN NO EVENT SHALL STIMULUS, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS, AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF STIMULUS HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO STIMULUS´ SERVICES, THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, EVEN IF STIMULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF STIMULUS OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain state laws, including the laws of the State of New Jersey, may not allow limitations on implied warranties or the exclusive or limitation of certain damages as set forth in this Section 13, so these limitations and exclusions apply to you only to the extent permitted by applicable law. If it is finally determined by a Court or an arbitrator that our limitation of liability set forth in this Section 13 does not apply to you, then you agree that our total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed the greater of one hundred dollars ($100.00) or the total amount you paid to Stimulus, if any, in the last 12 months.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SERVICES. REMEMBER, YOUR USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS.
THIS SECTION WAIVES THE FOLLOWING RIGHTS THAT YOU MIGHT OTHERWISE HAVE:
THIS SECTION ALSO LIMITS CERTAIN OTHER RIGHTS YOU MIGHT OTHERWISE HAVE INCLUDING:
These terms shall be governed by, and will be construed under, the laws of the State of New York, United States of America, without regard to choice of law principles. You and Stimulus agree to jurisdiction in the federal and state courts in Georgia county of Cobb to resolve any dispute, claim, or controversy that relates to or arises in connection with the Terms (and any non-contractual disputes/claims relating to or arising in connection with them) or your visit to or use of the Services and is not subject to mandatory arbitration under this Section 16.
You agree that any dispute that relates to or arises in connection with these Terms or your visit to or use of the Services shall be resolved entirely through binding individual arbitration, rather than in court. Such individual arbitration shall take place in Atlanta, Georgia, and will be administered by the AAA in accordance with its Commercial Arbitration Rules, and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. THERE IS NO JUDGE OR JURY IN ARBITRATION, NO CLASS ACTIONS, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
YOU AGREE TO BRING ANY DISPUTE RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES IN ARBITRATION ON AN INDIVIDUAL BASIS, THAT NO CLAIM ARISING OUT OF THESE TERMS YOUR USE OF THE SERVICES MAY BE BROUGHT AS A CLASS ACTION, AND THAT NO ARBITRATION UNDER THESE TERMS SHALL BE JOINED WITH AN ARBITRATION INVOLVING ANY OTHER PARTY UNDER THESE TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF FOR ANY REASON A CLAIMS PROCEEDS IN COURT AND NOT IN ARBITRATION, WE EACH AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST EACH OTHER AND THE RIGHT TO A JURY TRIAL.
As a limited exception to the foregoing, you and Stimulus both agree that nothing in this Section 16 will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Section 16 does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
This Section 16 will survive termination of these Terms.
If this Section 16 is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described this Section 16 shall govern any claim in court arising out of or related to the Terms or your visit to or use of the Services.
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Stimulus. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.