Welcome to Disaboom.com. Disaboom, Inc. ("Disaboom", "we", "us" or "our") operates a web site and provides services from time to time on the web site located at www.disaboom.com (the web site and any and all services are collectively referred to hereafter as the "Site"), dedicated to providing health and lifestyle information, social networking and other resources for people living with disabilities or functional limitations, as well as to their caregivers, families and friends, recreation and rehabilitation providers and employers. We are excited to be able to bring you Disaboom.com and hope you will join the Disaboom community where you can find information, ask questions, rate and review restaurants and travel experiences, share and discuss your experiences with others and find many more resources for those living with disabilities or functional limitations.
Registered users of the Site ("Members") are allowed to create personal profiles online, including photos, videos and blogs, to enable Members to find, communicate and engage in collaborative activities with other Members. Members are also allowed the exclusive privilege of participating in forums and chat rooms, posting reviews, submitting questions to the medical experts and placing classified advertisements, In general, you can visit or browse the Site without telling us who you are or revealing any personally identifiable information about yourself, but you may not have access to all parts of our Site and you will not be able to fully participate in the social experience of our Site unless you register as a Member and provide all the information that registration requires.
Please read these Terms of Use carefully, because, even if you do not register as a Member, by using our Site, using, downloading or installing any software and/or content available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms of Use, we mean and it shall include our Privacy Policy as well. If you wish to become a Member, create a profile, communicate with other Members and make use of our Site’s Member services and Content (as defined below), you must agree with all of the provisions of these Terms of Use by following the instructions during the registration process on our Site. We recommend that you keep a copy of these Terms of Use for your records and check the Site from time to time for updates to the Terms of Use and the Privacy Policy.
The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal educational and informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard or avoid professional medical advice or delay in seeking it because of anything on or associated with the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should never rely on our Site, Content, information provided by our employees or consultants, or other Members and you should always consult your own qualified health care professional concerning your particular circumstances and needs.
You use this Site solely at your own risk. Nothing stated or posted on this Site is intended to be, and must not be mistaken as, the practice of medicine. For purposes of these Terms of Use, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the information that appears on the Site. No assurance can be given that the information provided on this Site will be up-to-date, comprehensive, or accurate at any given time. Disaboom cannot and does not verify the accuracy of any information posted by other Members. Your access or use of this Site does not create, in any way, a doctor/patient, confidential, or privileged relationship, that would give rise to any duties on our part.
The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you should not use our Site.
The Content found on our Site comes from various sources, including medical experts and professionals, third parties who supply weather, news, stock quotes as well as from other Members. The Content written by or commissioned by us from our medical experts and professionals is reviewed by medical experts before it is posted on the Site. We do not make any representations or warranties whatsoever including, but not limited to, the knowledge of, quality of care, or expertise of any physician listed in our physician directory, or providing medical information or other Content for the Site.
We cannot and do not make any representations or warranties regarding the Content provided by third parties or Content posted by other Members. Content posted by Members is not and does not reflect the views of Disaboom and has not been reviewed or verified by us. Not all Content is accessible by all users. In order to participate in blogs, forums, chat rooms, to contact other Members, to submit questions to the medical experts, to post reviews, or to place classified ads, you must be a registered Member. More information is provided below regarding registration.
We may, from time to time, change the Content and services offered on the Site by updating, removing, adding or otherwise altering the services or features and Content available on the Site. Use of new services and new Content is also governed by this Agreement.
The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site or to any other Member.
TO THE FULLEST EXTENT PERMITTED BY LAW, DISABOOM AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Disaboom shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to [U.S. $1000], notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content, Community Areas (as defined below) or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law, you should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
The Personal Information you submit to the Site is governed by the Site's Privacy Policy which is incorporated into these Terms of Use and forms a part of your agreement with us. When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, your date of birth, email address, gender, wireless or mobile number, phone number and any other information that would allow someone to identify you or contact you.You agree you will not send, upload or transmit any communication or content of any type to the Community Areas (e.g., blogs, message boards, forums, chat rooms, reviews, classified ads, the physician directory, individual Member pages, etc.) (including through the email addresses listed on the "Contact Us" link) that infringe or violate any rights of any party or violate these Terms of Use.
Disaboom does not claim any ownership rights in the text, files, images, photos, graphics, sound, video, works of authorship, without limitation, any personal or commercial information, idea, concept or invention, or any other materials that you post on your Member page or elsewhere on the Site including in forums, reviews, chatrooms, etc. (individually and collectively, “Member Content"). By posting Your Content to the Site, you retain all ownership rights in Your Content. By posting, submitting or otherwise exchanging Member Content on or through the Site, you acknowledge agree and understand that Member Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such Member Content, (ii) you explicitly represent and warrant that you are the owner of such Member Content or have all rights and licenses necessary regarding such Member Content and (iii) that Disaboom is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such Member Content in any media or medium, or any form, format, or forum now known or hereafter developed. This License includes a grant to Disaboom and the Site and all other persons or entities involved in the operation of the Site, the right to transmit, monitor, retrieve, store, and use your Member Content and any other information you provide in connection with the operation of the Site. Disaboom may sublicense its rights through multiple tiers of sublicenses. The License terminates when you remove Your Content from the Site or terminate your Member account. Neither Disaboom nor the Site assume any responsibility or liability for any Member Content, you provide, or any third parties' use or misuse of Member Content.
You acknowledge and agree that the Content accessible on the Site is owned by us, our suppliers, our contributors, and content providers, or is licensed by us and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We or our suppliers, our contributors, content providers or licensors retain all right, title, and interest in the Content. Accordingly, you agree you will not copy, reproduce, transmit, modify, translate, publish, broadcast, perform, display, sell or distribute such Content, other than your own Member Content, to any third party without the express written consent of Disaboom or the applicable content provider or licensor. However, we authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. You may not appropriate, distribute, republish, sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain. Please contact Disaboom directly for information on how you can request limited permission to reproduce certain Content from the Site. Such request may or may not be granted by Disaboom in its sole discretion. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. Content, and the Site generally, are subject to change or termination without notice. All rights not expressly granted herein are reserved.
In order to become a Member, you must read these Terms of Use and acknowledge your acceptance of its terms. You will also be asked to provide some information to us about yourself, such as your email address, your date of birth, your gender and your zip code. You must complete any required fields. We do not allow anyone under the age of 18 to register as a Member. During registration, you will be asked to create a password and Member ID. We use your email address to verify your registration. Please review our Privacy Policy for other ways which we may use or store your information. The Member ID will be used to identify you and will appear on the Site. You may not choose a Member ID that is vulgar, offensive, attempts to impersonate or harass another person, or violates the rights of others, including publicity, privacy or intellectual property rights.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Member ID, password or your profile. It is your sole responsibility to (1) control the dissemination and use of your Member ID and password; (2) authorize, monitor, and control access to and use of the Site using your Member ID and password; and (3) promptly notify us of any need to deactivate a password or other suspected compromise of your Member ID, password or profile information or any other security breach.
By joining the Disaboom community you will be given your own space to create your own profile and post your Member Content, you will also be given access to participate in forums, create your own blog, participate in chat rooms, post review and classified ads, comment on and rate other Member Content, submit questions to the experts, and other Member exclusive features of the Site.
Your Member Content will be shared with other Members and the public in general. When you submit Your Member Content, keep in mind that it is not confidential and that other Members will have the ability to rate your forum comments, your blog entries, and your reviews. Do not, under any circumstance, post your phone number, street address, last name, or any photograph containing nudity, obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. We may delete or remove any of Your Member Content that we believe, in our sole discretion, violates this Agreement or is in anyway offensive, illegal, misleading, or violates the rights of, harms, or threatens the safety of any person.
All Content posted on forums, bulletin boards, blogs, chat rooms, reviews, classified ads, the physician directory, individual Member pages, or similar portions of the Site ("Community Areas") is supplied by third parties and other Members unless Disaboom or its authorized representative identifies itself as the content provider. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties or any other Members are those of the respective author(s) and not of Disaboom. Disaboom does not warrant or verify the accuracy or truthfulness of any Member Content.
While Disaboom may monitor Member Content, Disaboom does not assume responsibility for monitoring any Member Content and assumes no responsibility for any Member Content. Disaboom has no obligation to remove or modify Content that may be inappropriate and is not responsible for the conduct of any user of the Site. Please notify us if you become aware of any unauthorized, inappropriate or illegal Content or conduct on the Site. We are not responsible for any delay in removing or failure to remove such Content. However, it is Disaboom’s policy to remove any infringing content posted on the Site if proper notice is given. Please read the Copyright Policy in paragraph 12 of this Agreement.
You are solely responsible for your Member Content and your conduct or interactions with others on or through the Site. Please be respectful of others when posting your Member Content. You may only post your Member Content to Community Areas if you created the Content or if you have permission to post it. You may not post your Member Content if it violates this Agreement or the Content Guidelines, and we reserve the right to terminate your Member registration, block your ability to post and/or to access the Site if you do. Neither Disaboom, nor our licensors are responsible for Member Content or the consequences of any Member Content to you or others. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In providing reviews of travel and entertainment experience, please give clear, honest information about your experiences, but do not use inappropriate, profane or offensive language or make personal criticisms or comments about the staff or employees with whom you interacted. Member reviews do not express the opinions or views of Disaboom, Inc. You also have the opportunity to rate other Member Content. Please be respectful and thoughtful with your ratings. Your ratings are considered a part of your own Member Content and must comply with the terms of this Agreement.
Classified Ads are only for consumer-to-consumer sales of common household goods and disability related products. You may not use the Classified Ads section of the Site to sell any illegal, obscene, lewd, harmful, hazardous or dangerous products including, but not limited to, firearms, weapons, drugs, pharmaceuticals, stolen or pirated goods, sexually explicit or pornographic materials, alcohol or tobacco products. Disaboom reserves the right to remove any Classified Ad in its sole discretion. Disaboom may monitor the Classified Ads that you post, but is under no obligation to do so. You are solely responsible for any civil or criminal liability arising from the accuracy of your advertisement, the content of your advertisement, and the goods you are selling.
If you purchase an item from another Member through the Classified Ads and you believe you are the victim of fraud or deception, you may file a complaint about the seller by emailing info@disaboom.com. Please include the seller’s Member ID, the date you responded to the Classified Ad, the goods sold, your name, email address and phone number, and details about the transaction. If Disaboom receives two or more complaints about any particular seller, Disaboom will, within a reasonable time, revoke that Member’s rights to place any Classified Ads and remove all currently posted Classified Ads by that Member.
The following (including any attempt to do any of the following) shall constitute a material breach of these Terms and Conditions:
Disaboom reserves the right (but is not obligated) to:
We allow advertisements on our Site, but try to make sure they are clearly marked as Advertisements. Advertisements found on our Site do not express the views or opinions of Disaboom. Please review our Advertising Policy for more information on Advertisements. The Site may provide links to third-party web sites. We may also prioritize responses to search terms you enter on Site search engines and the Site may allow advertisers to respond to certain search terms with advertisements or sponsored Content. [Does Disaboom do this or intend to? What search engine?] Disaboom does not recommend, monitor, control or endorse any third party advertising or content, nor the content on any third-party web sites and is not responsible for their terms of use or privacy policies or how they may treat your information. Your use of third-party web sites is at your own risk. Dealings you have with advertisers found on the Site are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
you agree to defend, indemnify, and hold Disaboom, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Disaboom is based in Denver, Colorado, in the United States of America and the Site and its Content are designed for and intended for use in the United States. Disaboom makes no claims that the Site, any Content or Member Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. Accessing the Site from territories where the Content is illegal is prohibited. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the State of Colorado, to adjudicate and resolve any dispute with Disaboom, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or Member Content, . YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF COLORADO IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
These Terms of Use are governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try to provide at least 30 days advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you. If you do not agree with any change to these Terms of Use you should discontinue your use of the Site and if you are a Member, cancel your registration.
It is the policy of Disaboom to terminate registration of any Member who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material if Disaboom is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials (e.g., Member Content or Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designated copyright agent (identified below) and providing the following information:
Our agent for copyright issues relating to this Site is:
Michael Fay
Disaboom, Inc.
7730 E. Belleview Ave
Suite A-306
Greenwood Village, CO 80111
E-mail: copyright@disaboom.com.
Or call: (720) 407-6537
It is the policy of Disaboom to terminate registration of any Member who repeatedly infringes the trademark rights of others and to expeditiously remove or disable access to the alleged infringing material if Disaboom is given proper notice of the infringement or infringing conduct by the trademark owner. If you believe any materials (e.g., Member Content or Content) infringes your trademark, you may request removal of those materials from our Site by contacting our designated trademark agent (identified below) and providing the following information:
Our agent for trademark issues relating to this Site is:
Michael Fay
Disaboom, Inc.
7730 E. Belleview Ave
Suite A-306
Greenwood Village, CO 80111
E-mail: trademark@disaboom.com.
Or call: (720) 407-6537
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our "Contact Us" form or via U.S. mail to: Disaboom.com, Inc., 7730 E. Belleview Ave., Suite A-306, Greenwood Village, CO 80111