Website Usage Terms and Conditions
Please carefully read these terms before using the site and/or any products or services provided via the site, as they affect your legal rights and obligations. These terms require you to grant us certain waivers, consents, rights and licenses and limit our liability and obligations to you.
Any dispute or claim relating in any way to your use of the site or any of the content or services provided via the site will be resolved by mandatory binding arbitration, rather than in court, and you hereby waive the right and agree not to join in any class action involving the site or any of such content or services.
These Terms constitute a binding legal agreement between you and AccessAbility Officer LLC and/or its affiliates (collectively, “AccessAbility Officer”, “we” or “us”). We may modify the Terms as well as discontinue, withdraw, replace or change any content, products or services offered via the Site at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes.
If you do not agree with the terms, you are not authorized to use this site and must terminate your access and use of the site immediately.
You acknowledge and agree that these Terms are supported by good and valuable consideration that includes, without limitation, your use of the Site and the electronic acceptance of these Terms has the same force and effect as if you physically signed the Terms.
1. Use of site
The Site offers information regarding AccessAbility Officer and its products and services (collectively, the “AccessAbility Officer Products and Services”). AccessAbility Officer may remove, modify or otherwise discontinue providing any content at any time with or without cause and with or without notice, without any liability. Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without AccessAbility Officer’s prior written consent.
As a condition of your use of the Site, you represent, warrant and covenant to AccessAbility Officer that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:
- Use a robot, spider or other automated device, process or means to access the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third-party systems.
- Send false or misleading information.
- Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is provided to or by you via the Site.
- Restrict or inhibit any other user from using and enjoying the Site.
- Harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
- Violate any applicable laws or regulations.
AccessAbility Officer shall have no obligation to monitor the usage of the Site. However, AccessAbility Officer reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. AccessAbility Officer reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. AccessAbility Officer further reserves the right at all times to disclose any information as necessary to satisfy its obligations under any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.
2. Links to third party sites; framing of third-party sites
The Site may contain links to other third-party websites (“Linked Sites”) or frames of other third-party website screens (“Framed Sites”). The Linked Sites and Framed Sites are subject to their own separate terms and conditions of use and are not under AccessAbility Officer’s control and AccessAbility Officer is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. AccessAbility Officer is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any personal or payment information you provide to any such Linked Site or Framed Site in connection with purchasing any AccessAbility Officer Products and Services or otherwise. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by AccessAbility Officer of the Linked Site or Framed Site or any association with its operators.
3. Information provided to the site
4. Site security
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You are solely responsible for maintaining the confidentiality and security of your Site user log-in/password information and shall not allow any third party to use same. You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and AccessAbility Officer shall have no liability with respect thereto.
AccessAbility Officer does not warrant the accuracy or completeness of the information, graphics, text, links, or other material or content contained on this Site or with respect to any of the AccessAbility Officer Products and Services and is not responsible for any errors or omissions in the content of this Site or any of the AccessAbility Officer Products and Services. AccessAbility Officer shall have no liability for damages of any kind arising out of information or other content on this Site. AccessAbility Officer does not ensure that this Site is free of viruses or other harmful components
Unless expressly stated otherwise, the opinions and statements expressed or posted on the site by others are not those of accessability officer and no agreement with, endorsement by or other association of accessability officer with such opinions and/or statements exists or is implied.
Accessability officer makes no representations about the suitability, reliability, availability, timeliness, and accuracy or completeness of the site or any of the content contained on the site or any of the accessability officer products or services described in or provided via the site for any purpose. The site and all such content and accessability officer products and services are provided “As is” without warranty of any kind. Accessability officer and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the site and such content and any and all accessability officer products and services, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall accessability officer be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site or its content, or with respect to any accessability officer products or services or the unavailability of or any delay or inability to use the site or any of the accessability officer products or services, whether based on contract, tort, negligence, strict liability or otherwise, even if accessability officer or any of its suppliers have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the site, any of the accessability officer products or services, or with any of these terms, your sole and exclusive remedy is to discontinue using the site and the accessability officer products and services.
Accessability officer reserves the right to suspend or terminate your use of the site and/or accessability officer products or services, in whole or in part, at any time, for any reason, and in any manner, without prior notification, and accessability officer will not be liable in any way for any consequences of such action.
You agree to defend, hold harmless, release and indemnify AccessAbility Officer and its affiliates and its and their respective officers, directors, managers, employees, independent contractors and other representatives from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or AccessAbility Officer Products and Services provided on or via this Site. You agree to and hereby release and hold AccessAbility Officer and its affiliates harmless from any claims relating to any action taken by AccessAbility Officer as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Arizona, U.S.A. The United Nations Convention for the International Sale of Goods does not and shall not apply with respect to any use of the Site or the purchase or use of any AccessAbility Officer Products and Services. You hereby consent to personal jurisdiction and venue in Phoenix, Arizona, U.S.A. in all disputes arising out of or relating to the use of the Site or the purchase or use of any AccessAbility Officer Products and Services, and agree that any dispute or claim raised or made by you against AccessAbility Officer relating to the Site or with respect to any AccessAbility Officer Products and Services shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You represent, warrant and covenant that you shall not use any AccessAbility Officer Products and Services in any location or for any person or purpose that would violate U.S. export control laws or any other applicable laws. Use of the Site and any of the AccessAbility Officer Products and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AccessAbility Officer as a result of your agreement with these Terms or use of the Site or the purchase or use of any AccessAbility Officer Products and Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and AccessAbility Officer with respect to the Site and the information provided via the Site and the purchase or use of any AccessAbility Officer Products and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AccessAbility Officer with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All disputes or claims related to the site other than those brought by accessability officer seeking injunctive or other equitable relief shall be exclusively adjudicated by mandatory binding arbitration administered by the american arbitration association. This arbitration agreement shall be governed by the federal arbitration act. You acknowledge that you are waiving and hereby waive all rights to bring or maintain any court action, jury trial or any class claim, class action, class arbitration, or other representative action, claim or proceeding against accessability officer in a court of law.
7. Reporting violations; enforcement
When AccessAbility Officer becomes aware of an alleged violation of these Terms, AccessAbility Officer may initiate an investigation. Depending on the severity of the violation, AccessAbility Officer may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, AccessAbility Officer may notify the appropriate law enforcement agency of such violation.
8. Copyright and trademark notices
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the AccessAbility Officer Products and Services are the intellectual property of AccessAbility Officer, its licensors and its suppliers. Copyright © 2021 AccessAbility Officer, Inc. and/or its affiliates or licensors. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of AccessAbility Officer. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with AccessAbility Officer, its licensors or its suppliers, as the case may be.
ACCESSABILITY OFFICER and the ACCESSABILITY OFFICER logo are property of AccessAbility Officer LLC and/or its affiliates. All rights not expressly granted herein are reserved. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of AccessAbility Officer or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.