Disaboom.com: Terms of Use
PLEASE
READ THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, BECAUSE THEY CONSTITUTE
A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DISABOOM
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.
Information Does
Not Constitute Medical Advice
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.
About this 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.
Limitation of
Warranty and Liability
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.
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.
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.
Indemnification
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.
General
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.
Law that
Applies; Interpretation and Modification
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.
Copyright
Violations
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:
- Identification
of the copyrighted work that you believe to be infringed. Please describe
the work and where possible include a copy or the location (e.g., URL) of
an authorized version.
- Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material;
- Your
name, address, telephone number and (if available) e-mail address.
- A
statement that you have a good faith belief that the use of the materials
you notify us about is not authorized by the copyright owner, its agent or
the law.
- A
statement that the information that you have supplied is accurate and that
"under penalty of perjury" you are the copyright owner or are
authorized to act on the copyright owner's behalf.
- A
signature or the electronic equivalent from the copyright holder or
authorized representative.
Our agent for
copyright issues relating to this Site is:
Disaboom, Inc.
7730 E. Belleview Ave
Suite A-306
Greenwood Village, CO 80111
E-mail: copyright@disaboom.com.
Or call: (720) 407-6537
Trademark
Violations
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:
- Identification
of the trademark and the infringing use of that mark on the site,
including sufficient information to permit us to locate the material such
as a description of the Classified Ad if applicable. Please describe the
mark and where possible include a copy of the applicable trademark
registration on file with the U.S. Patent and Trademark Office.
- Your
name, address, telephone number and (if available) e-mail address.
- A
statement that you have a good faith belief that the use of the materials
you notify us about is not authorized by the trademark owner, its agent or
the law.
- A
statement that the information that you have supplied is accurate and that
"under penalty of perjury" you are the trademark owner or are
authorized to act on the trademark owner's behalf.
- A
signature or the electronic equivalent from the trademark holder or
authorized representative.
Our agent for
trademark issues relating to this Site is:
Disaboom, Inc.
7730 E. Belleview Ave
Suite A-306
Greenwood Village, CO 80111
E-mail: trademark@disaboom.com.
Or call: (720) 407-6537
Complete
Agreement
- These
Terms of Use, our Privacy Policy and any other terms or conditions we
notify you apply to you or any of your activities or status as a Member,
constitute the entire agreement between you and Disaboom regarding the
Site and supersedes any and all other terms, representations, promises or
discussions. Only Disaboom has the authority to agree to amendments to
these Terms of Use, and to be and be considered binding, any amendments
must be in writing and signed by the President of Disaboom. If any
provision herein is or should become inconsistent with any present or
future law, rule or regulation of any sovereign government or regulatory
body having jurisdiction over the subject matter of these Terms of Use,
such provision shall be deemed to be rescinded or modified in accordance
with such law, rule or regulation. In all other respects, these Terms of
Use shall continue to remain in full force and effect.
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
