Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
NO LEGAL OR PATENT ADVICE
Any information we provide including information provided via the site or via the help desk or via email or any other communication mechanism is for informational purposes only and does not constitute legal advice or patent advice.. For any legal advice or patent advice please contact a lawyer or other experts.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to the help desk, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are, as between You and us, owned by The Disability Experiment, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials;
You may store files that are automatically cached by Your Web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication or distribution;
If we provide desktop, mobile or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications; and
If we provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site; or
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If You wish to make any use of material on the Website other than that set out in this section, please address Your request to: www.disabilityexperiment.com
The Disability Experiment Logo and Name
The The Disability Experiment name, the The Disability Experiment logo and all related names, logos, product and service names, designs and slogans are trademarks of The Disability Experiment or its affiliates or licensees. You must not use such marks without the prior written permission of The Disability Experiment. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate The Disability Experiment, a The Disability Experiment employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm The Disability Experiment or users of the Website or expose them to liability.
Additionally, You agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Website;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution You post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not The Disability Experiment, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent Your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If You believe that any User Contributions violate Your copyright, please see our Copyright Policy copied below for instructions on sending us a notice of copyright infringement. It is the policy of The Disability Experiment to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. By using the Website you also recognize and agree that we are not medical professionals and the information or content we post or display on the Website is not to be considered medical advice. You should consult with your doctor before acting or relying on any of the content or advice depicted on the Website. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Disability Experiment, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Disability Experiment and are not to be construed as medical advice. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable You to:
Link from Your own or certain third-party websites to certain content on this Website;
Send e-mails or other communications with certain content, or links to certain content, on this Website; and/or
Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, You must not:
Establish a link from any website that is not owned by You;
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Link to any part of the Website other than the homepage; or
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by:
The Disability Experiment
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: www.The Disability Experiment.com/.
Last Modified: [April, 2018]
The Disability Experiment COPYRIGHT POLICY
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you (“You”) believe any materials hosted on or from this site (the “Website”) infringe Your copyright, You may request removal of those materials (or access to them) from the Website by submitting written notification to www.disabilityexperiment.com In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature;
Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact You (including Your name, postal address, telephone number, and, if available, email address);
A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate; and
A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Last modified: [June, 2019]
The Disability Experiment (“Company” or “We”) respects your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website www.disabilityexperiment.com including our help desk, contact forms, email forms, email communications, other communications, all data, contents, functionality, services and computer code contained on, through or transmitted from this website, our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. By accessing or using the Website, you agree to the terms of this Policy and consent that we will collect, use and share your information in the following ways. If you do not agree with these terms, please do not visit or otherwise use the Website.
This Policy applies to information we collect: (i) on this Website; (ii) in email, text and other electronic messages between you and this Website; or (iii) when you interact with our advertising and applications third-party websites and services, linked to or accessed through this Website. This Policy does not apply to information collected by: (a) us offline or through any other means, including on any other website operated by Company or any third party; or (b) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
The Website is not intended for use by children under 13, and no one under age 13 may provide any personal information to us or through the Website. We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not use the Website, make any purchases through the links made available on the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information. If you believe that we might have collected any information from a child under 13, please contact us at www.disabilityexperiment.com.
Information We Collect About You and How We Collect It
We (and our third-party service providers and vendors) collect several types of information from and about users of our Website, including information:
Information that you provide to us. We may collect information by which you may be personally identified, such as your name, email address, [mailing address, telephone number, certain voluntarily disclosed health-related information regarding your (or a family member’s) disability, or other identifying information] by which you may be contacted online or offline (referred to in this Policy as “personal information”). We collect the personal information that you provide us voluntarily, which includes your name and email address, and may use this information to send you other communications or to respond to any inquiries should you contact us. We may also use your personal information to curtail content presented to you on this Website based on the personal information you have provided to us. You may, from time to time, receive information us regarding new features, new products and services and special offers we think you’ll find helpful or valuable. We may also collect your responses to surveys that we might ask you to complete for research purposes or for purposes of improving your experience in using this Website; and
Information collected automatically by us and third parties. When you visit the Website, we may use automatic data collection technologies to collect certain information about you and how the Website is being used. We may also work with third party service providers and vendors to collect information about and improve the Website, provide advertisements and perform analytics. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you;
To provide you with information, products, or services that you request from us;
To fulfill any other purpose for which you provide it;
To provide you with notices about your account/subscription, including expiration and renewal notices;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Website or any products or services we offer or provide though it;
To allow you to participate in interactive features on our Website;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods, content and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form/registration form)/adjust your user preferences in your account profile. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may share your personal information with our affiliates and with certain trusted third parties to help us operate the Website and improve our business. For example, we may use third parties to host our data and the personal information of our users, provide customer service, distribute our communications, and for other services necessary to operate the Website or that may provide you a better experience on the Website.
Changing/Updating Your Personal Information
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at www.disabilityexperiment.com.
Security of Your Personal Information
We use reasonable precautions that are designed to protect your personal information and to store it securely. Your personal information will be stored on servers located in the United States and will be password protected. The server on which we store personal information is kept in a reasonably secure environment. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee the security of your personal information transmitted through the Website and any such transmission is at your own risk.
Last modified: [June 2019]