Terms of Use

I. Welcome to the Cerebral Palsy Guide Website.

Welcome to the Cerebral Palsy Guide website (the “Website”), which is owned and operated by Ascentus, LLC (the “Company,” “we” or “us”).  By visiting the Website, you (1) represent to the Company that you are an authorized user of the Website, (2) accept and are subject to and bound by these Terms of Use, and (3) agree that your use of the Website may be monitored by the Company.  All visitors to the Website must read these Terms of Use carefully.  In the case of any violation of these Terms of Use, the Company reserves the right to seek all remedies available by law and in equity for such violations.  These Terms of Use apply to all visits to the Website, both now and in the future.  If you disagree with any part of these Terms of Use, you should not access this Website.  Accessing this website will be deemed to be compliance with the Terms of Use that are in effect.

II.    Privacy.

Our Privacy Policy [https://www.cerebralpalsyguide.com/about-us/privacy-policy/] is incorporated in and made part of these Terms of Use.  Please take a few minutes to read the Privacy Policy which also governs your visit to and use of this Website.

III.      Intellectual Proprietary Rights.

The Company or its affiliates own intellectual property that is exclusive to the Company.  The works of authorship contained in this Website and in the domain https://www.cerebralpalsyguide.com/, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by the Company or its affiliates and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of the Company.  You acknowledge and agree that this Website is proprietary and belongs exclusively to the Company.  Moreover, the trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Company or other third parties. You are not permitted to use these Marks without the prior written consent of the Company or such third party which may own the applicable Mark.  Your use of this Website is permitted by a use license, as set forth below.  The license is personal and non-transferable.  You agree not to modify, copy, create derivative works of or to otherwise permit any party to, attempt to appropriate the Company’s intellectual property.  Nothing within these Terms of Use should be interpreted as conferring upon you a license or right by implication, estoppel, or otherwise, under any intellectual property rights.

IV.     License.

The Company grants you a nonexclusive, nontransferable, limited, terminable license to access and use this Website solely for personal and non-commercial purposes.  You may not reproduce, republish, copy, transmit, or distribute in whole or in part any form of this Website.  You are not permitted to download, copy, or modify this Website for your business, personal or other use unless expressly permitted by the Company.  You may not, nor may you allow others, directly or in directly, to attempt to or actually: disrupt, disable, or impair or inhibit another from using the Website; transmit any software, device, routine, or other materials that contain any virus, work, time bomb, trojan horse, or other material that contains any virus, worm, or other harmful, destructive, or disruptive component; use any robot, spider, site search/retrieval application, or any other manual or automated device to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of our services or materials; collect or harvest any information about other visitors or users of our Website or our employees, officers, directors, or agents; and/or to obtain or attempt to obtain any materials or information through any means not expressly available through our services and materials.

We may terminate or block your access to the Website at any time, without prior notice or liability, for any reason whatsoever, without limitation.  We may also discontinue, amend, or modify any aspect of this Website without prior notice or liability, for any reason whatsoever.  By using this Website, you agree that we are not liable to you or any third party for discontinuing, cancelling, blocking, or modifying your access or use of this Website.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

V.    Linking.

Unless you have an express license from the Company that states otherwise, you may not provide any hypertext or other link to the Website. Any unauthorized third party sites linked from the Website are not under the Company’s control, and the Company does not assume any responsibility or liability for any communications or materials available at such linked sites.  The Company does not intend any authorized links on the Website to be referrals or endorsements of the linked entities and such links are permitted and provided for convenience only.  It is strongly advised that you read the terms and conditions, as well as the privacy policies, of any third party websites that you visit.  Your use of third party websites is done at your own risk.

VI.   Security.

Through the use of the Website, you are acknowledging that you agree that the Website utilizes the internet to transport data and communications.  The Company disclaims any liability for interception of any such data or communications or for any partial or total interruptions in the availability of the Website.  We are not liable for any damages caused by communications line failures, systems failures, and other occurrences beyond our reasonable control, or from any unauthorized use by any third party who intercepts or gains access to your data as a result of either your intentional or unintentional conduct, including negligence by you, or under any other circumstances beyond the reasonable control of the Company.

VII.  Website Content; Legal Sponsor.

The Company makes no warranty that the Website content, including product descriptions or other information, is complete, current, or error-free. Because of the possibility of human and mechanical error as well as other factors, the Company is not responsible for any errors or omissions in the Website content, with all information being provided “as is” without warranty of any kind.  The Company makes no representations with respect to the Website or any content contained on the Website and disclaims all express, implied, and statutory warranties of any kind to users and/or any third party, including without limitation warranties as to accuracy, timeliness, completeness, merchantability, fitness for any particular purpose or intellectual property noninfringement.

The Website is sponsored by one or more independent licensed attorneys (collectively, the “Legal Sponsor”).  Any information provided through the Website should not be interpreted as legal or medical advice or services.  Additionally, any information provided through the use of any telephone number listed in the Terms of Use or on the Website (collectively, the “Phone Number”) should not be interpreted as providing legal or medical advices or services.  Any information provided by the Website or by calling the Phone Number is provided for general informational purposes only.  None of the information provided through the Website necessarily reflects the opinions of the Company or the Legal Sponsor.  Further, none of the information provided through the Website or by calling the Phone Number creates an attorney-client relationship between the Legal Sponsor and the users of the Website or anyone calling the Phone Number. Neither the transmission of information through the Website to the Legal Sponsor nor transmission of information directly to the Legal Sponsor will create an attorney-client relationship between the sender or user and the receiver of said information.  An attorney-client relationship is only created if and when you receive and sign a written retainer agreement from the Legal Sponsor.  Do not provide any confidential information to the Company’s representatives at the following phone number: 1-855-329-1008 (the “Guide’s Phone Number”).   Information received through the Website or the Guide’s Phone Number will not be treated as confidential by the Legal Sponsor unless and until an attorney-client relationship exists between you and the Legal Sponsor.

Material provided by the Website or the Guide’s Phone Number is general in nature and does not apply to you or your child’s specific factual, medical, or legal circumstances.  Information provided by the Website is updated periodically, but the Company makes no warranty that the information provided reflects the most up-to-date information available.  You should not act or rely solely on any information provided by the Website or any Company representatives without seeking independent advice of either a physician and/or an attorney.  The decision of whether or not you need medical or legal services is a personal and important decision that you should not make solely based on the advertisements or general information provided by the Website.

The services of the Legal Sponsor may not be available to you depending upon the state in which your claim(s) arose.  It is possible that where the Legal Sponsor cannot provide you legal services, your claim(s) may be referred by the Legal Sponsor to another lawyer or law firm, when permitted and with full disclosure.  The Legal Sponsor may either affiliate with such lawyer or law firm or may participate in and/or accept responsibility for your claim(s) and share in the legal fees generated.  Such a potential arrangement would be governed by a written agreement between you and all lawyers participating in your representation.

VIII.   Limitation and Disclaimer of Warranties.

To the maximum extent permitted by law, the Company has no liability in tort, contract, or otherwise (and as permitted by law, product liability), to any visitor, user, customer, and/or any third party.  The Company shall under no circumstance be liable to you or any third party for any lost profits or lost opportunity, direct, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Company has been advised of the possibility of such damages.  Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability or incidental or consequential damages.  Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above.  Any clause of these Terms of Use declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.  The provisions of these Terms of Use may only be amended by the Company and are governed by the laws of the State of Florida.

USE OF THE WEBSITE AND THE PHONE NUMBER IS AT YOUR SOLE RISK.  THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR OTHER DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE USE OF THE WEBSITE OR THE PHONE NUMBER.

This limitation on liabilities applies to every user of the Website to the extent such is not limited by the laws of your individual state.  Should you be dissatisfied with any portion of this Website, including but not limited to the limitation on liabilities, your sole and exclusive remedy is to stop using the Website.  Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

IX.    Disclosure Pursuant to Law

When requested to do so or if required by law, the Company may choose to make information concerning the use of the Website available to law enforcement personnel and agencies.  The Company may also disclose information upon a good faith belief that such is required in order to protect the rights and property of the Company or of third parties or in furtherance to an investigation regarding breach of these Terms of Use.

X.   Applicable law and venue.

This Website is created at the direction of and controlled by the Company in the State of Florida, USA.  Any issue arising out of or relating to the Company’s Website, these Terms of Use, the Privacy Policy, or any related issue shall be governed by the laws of the State of Florida without giving effect to any principles of conflicts of laws and venue for any such issue shall be in Orlando, Orange County, Florida.

XI.  Dispute resolution.

You agree that any dispute arising out of or relating to the Website, these Terms of Use, the Privacy Policy or any related issue shall be heard in the Circuit Court in and for Orlando, Orange County, Florida without regard to diversity of jurisdiction or the amount in controversy.  You agree that any such dispute shall be heard by a judge and you agree to waive any and all rights to trial by jury.

XII.     Changes to Website and Terms of Use.

The Company reserves the right to make changes to the Website, the Privacy Policy and these Terms of Use at any time.  If any provision is declared invalid, void, or unenforceable, it shall be deemed severable and shall not affect the validity or enforceability of any other provision.  You should routinely check this page to ensure your familiarity with the most updated Terms of Use.  Access of this Website site after any amendments have been made to the Terms of Use is an agreement to be legally bound by such amendments, regardless of whether you have reviewed them.

XIII.   Unauthorized Use. 

Access to and use of the Website are restricted to authorized users only. Unauthorized individuals attempting to access the Website may be subject to prosecution. You agree that you will not use the Website in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, or contract.

XIV.   Contact the Company.

In writing:

121 South Orange Avenue Suite 1450

Orlando, FL 32801

Attn:  Ascentus, LLC

Via electronic mail:

[email protected]

 

 

Updated on February 13, 2017.