Terms And Conditions
Participant’s Responsibility and Rules of Conduct
We expect and hope that you will use this registry as intended and in a responsible and respectful manner. Registration is conducted under the honor system and we are not required to verify any disability or review any documentation to verify any disability, nor does any law require you to register, any individual found to abuse this registry will be expelled from the registry. The registry is not intended to be a certification process and we do not judge the proficiency of our registrants in any way, and nor would that be necessary under the law. Of course, we recognize that under the law you are allowed to train your own animal and we can not be responsible or liable for the actions of dog owners or their dogs either online or offline. Please obey all laws as they apply to your situation.
Fees & Product Pricing
- This Registry Requires Initial Registration which is billed every 30 days (Except Lifetime Memberships) Until Cancelled By You The Member Within Your Dashboard. The Amount Billed Is The Original Form Total.Your Registration Includes Immediate Access To Your Dashboard And Issuance Of Your Permanent Registration Number Along With A Digital ID Card & Digital Registration Letter In PDF Format. After Initial Sign Up Physical Products Or Additional Services Are Made Available To You. You Understand Any And All Products And Additional Services Are Sold & Billed Separately From Your Initial Signup Purchase. You Understand All Products Presented To You After Initial Signup Are Optional And Are Not Required. Shipping/Processing Fees May Vary. All Products And Services Sold Are Considered Custom And Not Refundable. All Funds Are In USD NOTE: Not All Members Have A Subscription And Are Not Billed Monthly If You Have A Subscription You Will See The Option To Cancel It Within Your Dashboard. Click Here.
- By submitting any form you understand and agree to our no refund policy for anything that is custom such as ID cards and custom vests as well as tags. Any services that have already been rendered such as dashboard setup and issuance of a registration numbers. Activation fees are also not refundable. We are always willing to replace an item in a situation where there is a defect or correct any error.
NO RISK – LIFETIME GUARANTEE Assistance Dogs Of America Is Committed To Excellence! Free Lifetime Warranty on EVERY product and service you buy from us . We are so confident in our USA-made products and our legendary customer service that we stand behind every single product and service we offer. If a defect ever exists or a product fails because of one, we’ll make it right at no cost to you. PERIOD. That includes free shipping. Free Lifetime Warranty on ID Cards and Service Dog Tags. If your ID card tag EVER gets damaged, you won’t even have to send it back.Simply take a photo of the damaged ID Card or Tag, send us your order number, and within 72 hours we will create and ship to you a brand-new replacement free of charge! If you have any questions or concerns, please contact us.
Purchase from Assistance Dogs Of America with confidence and risk free. With each purchase, you’ll get the following benefits: 100% refund within 30 days of your purchase – If you are unsatisfied due to a defect or error. You’ll just need to return the items back to us. Just let us know, and then send us the tracking number of your package. That way both of us will know when we receive the package.
Free Lifetime Warranty on EVERY product and service you buy from Assistance Dogs Of America. If your ID cards or tags, and/or certificate arrive and you discover they are incorrect (printed differently than how you originally placed your order), we’ll remake and send them FREE with the correct information within 72 hours. If you accidentally made a mistake on the names or other information when ordering your ID Cards, Service Dog ID Tags, or Certificate, let us know within 30 days. We’ll make you a brand-new set for FREE. Just pay for shipping and we’ll send them in 72 hours.
(Initial Memberships Are Not Orders)
COLLECTION POLICY USA & CANADA
If you subscribe or pay for any products or services that we offer you will pay the applicable fees as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.If we send you to collections for any reason you understand additional 100.00 in collection fees are automatically assessed in addition to the amount owed. You also agree to to cover any and all fees related to the collection and or attorneys fees. In the event costs exceed 100.00 you agree to pay those additional costs.
- Violation of our terms regarding purchases and baseless disputes and chargebacks will automatically result in the matter going to a collection agency. As stated above a 100.00 minimum fee will be assessed to cover some of the costs associated with collecting the debt. Ongoing additional fees and costs may apply.
FRAUDULENT PURCHASE CLAIMS
- Fraudulent Purchase/Unauthorized Claims Must Provide A Complete Copy Of An Active Police Report To Be Released From Collections. (NO EXCEPTIONS) ALL Unsettled Matters Are Reported To The Appropriate Credit Reporting Agencies After 30 Days. Think Before You Act
The only exceptions that would avoid collections would be.
- Proof Of Duplicate Orders
- Proof Of Agreed Upon Refunds
If You Are In Collections 2 Things That Must Be Done To Stop Collection Activity.
- Respond To Your Notice And Pay Your Bill Immediately
- Provide Evidence You Have Canceled Your Dispute with your bank.
No Legal Advice
The materials in this website are not legal advice or counsel. The information contained in this website is provided only as general information, which may or may not reflect the most current legal developments. We cannot guarantee that private individuals or governmental entities will agree with any position you may take.
While a person who meets the definition of a “disability” has rights accorded the disabled under applicable federal and state law (including rights relating to accommodating service animals), if you are not legally disabled, you may not be entitled to accommodation rights under relevant laws, and our products may confer no benefit upon you.
Our products neither confer any legal rights on any individual, nor represent or certify that the individual has a disability, has a “service animal” under law, or is entitled to accommodation of his or her animal companion within relevant federal or state laws. Put another way, our products and materials are neither intended nor claimed to document the existence of a disability, and there is no guarantee that any third party will accord the purchaser any right or courtesy. You are solely responsible for checking with your own medical provider and legal counsel, as appropriate, and documenting that you have a disability and/or have an animal companion entitled to accommodation under relevant laws.
By accessing, viewing, downloading or otherwise using our website or any webpage or feature available through our website, any information provided as part of our website services, or any related emails, newsletters or services (hereinafter collectively “our website” or the “Services”), or by clicking “Join our website” or “Join our mailing list” during the registration process, you conclude a legally binding agreement with us (“we” or “us”) based on the terms of this Website Use Agreement (“Agreement”).
If you are using our website on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless also individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT click “Join our website” or “Join our mailing list,” and do not access, view, download or otherwise use any our website webpage, information or services.
By using the Services in any way, you are agreeing to comply with this Agreement. In addition, when using particular services from our website, you agree to abide by any applicable posted guidelines for all our website services, which may change from time to time. Should you object to any term or condition of this Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with our website in any way, your only recourse is to immediately discontinue use of our website. We have the right, but are not obligated, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and prosecution.
Assistance Dog Registry is an independent organization providing service dog, emotional support dog, and therapy dog supplies and registration services, and is not affiliated with the ADA or any government agency. This website provides information on laws and legal topics related to Service Animals and Emotional Support Animals. The use or purchase of products and/or services is not a requirement under any law and is designed to reduce conflicts while in public settings with your dog, and, while believed all information to be accurate, is provided strictly “as is”, without warranty of any kind. Please obey all laws as they apply to your situation.
Please also see our Disclaimer, the terms of which are incorporated by reference into this Agreement.
1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
Service Eligibility. You represent and warrant that you (a) are not under the age of 18 (and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21); (b) have not previously been suspended or removed from our website; (c) are not a direct competitor of our website; (d) do not have more than one our website account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to our website, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you close down your account. You are prohibited from selling, trading or otherwise transferring your our website account or any information therein to another party or charging anyone for access to any portion of our website, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by: (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to our website, or (c) any activity in which you engage on or through our website.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your our website account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Forums/Blogs/Articles/Websites: Our website may include various forums, blogs and articles where you can post your observations and comments on designated topics or topics of your choice. Our website cannot guarantee that other members or users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. Our website and any affiliates of our website are not responsible for a member’s or user’s misuse or misappropriation of any content or information you may post in any forums, blogs and articles.
Export Control: Your use of our website services, including its software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2. Your Rights — What You May Do
3. Our Rights and Obligations — What We Must And May Do
The purpose of our website is to provide a service to facilitate professional networking among users throughout the world. It is intended that users only connect to other users who they currently know and seek to further develop a professional relationship with those users.
For as long as our website continues to offer services, our website shall provide (and seek to update, improve and expand, in similar and different new ways) our website platform and service with the purpose of providing all members with professional networking connectivity, through our website’s proprietary tools, rules and protocols which our website may update, improve, discontinue and change at any time, at our website’s sole discretion.
Any other use of our website (such as seeking to connect to someone a user does not know or to use our website as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and a violation of this Agreement.
We allow you to access our website as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue our website, partially or entirely, or to charge and modify prices for our website. All of these changes shall be effective upon their posting on our site, or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our website and all related items.
Our website reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, our website has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
Our website may include or automatically produce links to third party web sites (“Third Party Sites”). Our website is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Our website may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). If you decide to leave our website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the site.
Our website enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by our website and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of our website, our website affiliates, its users and the public.
our website may limit the number of connections you may have to other users and prohibit you from contacting other users through use of the Services.
You are solely responsible for your interactions with other members or users. Our website reserves the right, but has no obligation, to monitor disputes between you and other members or users and to terminate your account if our website determines, in its sole discretion, that doing so is prudent.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Services. You understand that our website does not control, and is not responsible for Content made available through the Services by others, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, our website site and Content available through the Services may contain links to other websites, which are completely independent of our website. Our website makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will our website be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that our website does not pre-screen or approve Content provided by others, but that our website shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of this Agreement or for any other reason.
5. Access to Third-Party Content, Sites and Services
The our website site and Content available through the Services may contain features and functionality that may link you or provide you with access to third-party content which is completely independent of our website, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that our website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that our website is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release our website, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
6. Limitation of Liability; No Implied Warranty
We provide the platform and all information and services for and on our website on an “as is” and “as available” basis. If you are dissatisfied or harmed by anything relating to this site, you may leave this site and this will terminate this Agreement and such termination will be your sole and exclusive remedy. Do not rely on us for any result, or on information contained on this site, or on the continuation of this site. We do not provide any express warranties or representations. Please see our Disclaimer for more detail.
Neither our website corporation nor any of its subsidiaries, affiliated companies, related web sites, employees, shareholders, volunteers or directors (“our website Affiliates”) shall be liable for: (1) any damages in excess of $25, or the most recent amount that you paid for products in your most recent order, whichever amount is greater, irrespective of whether you are a consumer or user of products and services developed and marketed by us or a 3rd party who has used this website; or (2) any special, incidental, indirect, punitive or consequential damages or any damages from use or for loss of use, profit, revenue or data, to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from our website even if our website is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
A) apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
B) not apply to any damage that our website Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
We may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your website account includes disabling your access to our website (including any content you submitted or others submitted) and may also bar you from any future use of our website and affiliated sites.
In furtherance and without limiting the foregoing, our website has adopted a policy of terminating, in appropriate circumstances and at our website’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Our website may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Consequences of Termination
Upon termination, you lose access to our website. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
9. Arbitration; Personal Jurisdiction and Venue; Choice of Law
The Agreement and any disputes with us or any our website Affiliate arising out of or relating to the Agreement or our website (“Disputes”) shall be governed by Arizona law, excluding conflicts of law principles and excluding the CISG.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Phoenix Arizona, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement; Personal Jurisdiction and Governing law: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. For purposes of this paragraph, both parties consent to the exclusive personal jurisdiction and venue of the state courts of Phoenix, Arizona and federal courts located therein, and agree that this Agreement and the rights and obligations of the parties hereunder will be construed and enforced pursuant to the laws of the State of Arizona without regard to conflicts of laws principles.
10. General Terms; Sever-ability
If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on our website and via email or any other communications means to contact information you provide to us. You may notify us only via email using the contact form with “Subject: Legal Affairs; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on our website or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any our website Affiliate shall be deemed legally binding on any our website Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of our website.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: Our website Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, our website for any third party that assumes our rights and obligations under this Agreement.
Construction: The rule that a contract is construed against the party drafting the contract is hereby waived, and will have no applicability in construing this Agreement or the terms hereof. The paragraph headings in this Agreement are for convenience only and will not affect the interpretation of the Agreement.
11. User DOs & DON’Ts
As a condition to access our website, you agree to this Agreement and in addition to all your obligations under this Agreement, to strictly observe the following DOs and DON’Ts:
o comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
o provide accurate information to us;
o review and comply with notices sent by our website concerning our website;
o duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our website (excluding content posted by you) except as otherwise expressly permitted in this Agreement;
o reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our website, or any part thereof;
o include information in your profile or in updates or elsewhere on the site which reveals information that is confidential in nature;
o imply or state, directly or indirectly, that you are affiliated with or endorsed by our website;
o utilize information, content or any data you view on and/or obtain from our website to provide any service that is competitive, in our website’s sole discretion, with our website;
o adapt, modify or create derivative works based on our website or technology underlying the Services, or other users’ content, in whole or part;
o rent, lease, loan, trade, sell/re-sell access to our website or any information therein, or the equivalent, in whole or part;
o access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
o use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
o use automated methods to add contacts, send messages or other permitted activities;
o access, via automated or manual means or processes, our website for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
o engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our website’s website;
o attempt to or actually access our website by any means other than through the interface provided by our website;
o attempt to or actually override any security component included in or underlying our website;
o engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
o remove any copyright, trademark or other proprietary rights notices contained in or on our website, including those of both our website or any of its licensors;
o remove, cover or otherwise obscure any form of advertisement included as part of our website;
o use any information obtained from our website to harass, abuse or harm another person;
o collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our website except as expressly permitted in this Agreement or the owner of such information may expressly permit;
o interfere with or disrupt our website, including but not limited to any servers or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;
o use bots or tools to “data-mine” or otherwise gather or extract data from our website;
o upload an inappropriate, non-professional photo for your profile photo or any other photo/image;
o use or attempt to use another’s account without authorization from the Company, or create a false identity on our website;
o infringe or use our website’s brand, logos and/or trademarks, including, without limitation, using the word “our website” in any business name, email, URL, metatag or hidden text, or email signature, or including our website’s trademarks and logos on any website without authorization except when displaying an official members seal as an active member;
o infringe intellectual property of any third party;
o link from anywhere, to our website, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner;
o use of the RSS feed(s) for commercial purposes, change the title or links from feeds, overburden our website’s systems by use of RSS feeds;
o upload, post, email, transmit or otherwise make available or initiate any content that:
§ falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
§ is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
§ includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of relationships or under nondisclosure agreements);
§ infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
§ includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using our website invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using our website to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
§ contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of our website or any user of our website;
§ forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or adds to a content field content that is not intended for such field unless instructed otherwise in the field’s description (i.e. submitting a telephone number in the “title” or any other field);
§ includes personal or identifying information about another person without that person’s explicit consent;
§ is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch;”
§ is irrelevant, repeatedly posts the same or similar Content or otherwise imposes an unreasonable or disproportionately large load on our infrastructure.
12. Copyrights & Infringement; Designated Agent for Digital Millenium Copyright Act Claims
You agree that by submitting materials to our website, you grant our website, and its present and future affiliates, permission to use, copy, adapt, edit, modify, merge, reproduce, translate, publicly and digitally display and/or perform and redistribute the submitted materials in any form now known or later developed, and that you have the authority to grant these rights to our website.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without our website’s express written permission, you agree to pay our website three thousand dollars ($3,000) for each day on which you engage in such conduct.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by email to our designated agent Contact Page with “Copyright Infringement” in the subject line.
You must provide the following information, or your notification or claim will be deleted:
o Identify the material on our website site that you claim is infringing, with enough detail so that we may locate it on the website;
o A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
o A statement by you declaring under penalty of perjury that (1) the above information in your notification is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
o Your address, telephone number, and email address; and
o Your physical or electronic signature.
Upon receiving such information, our website may in its sole discretion: remove or disable access to the material that is alleged to be infringing; forward the written notification to such alleged infringer; and may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
13. Our Contact Information
Contact information for our website is as follows:
No Medical Advice; Informational Use Only
The contents of this website are for informational purposes only and do not render medical, psychological, or psychiatric advice, opinion, diagnosis, prescription, or treatment. This website provides general information. Further, the information provided in or through this website should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a medical, psychological, or psychiatric problem, or a disability that requires medical attention, then you should consult your appropriate health care provider. Always consult your licensed health care provider regarding your professional care. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Links on this website are provided only as an informational resource, and it should not be implied unless otherwise stated that we recommend, endorse or approve of any of the content at the linked sites, nor are we responsible for their availability, accuracy or content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the site. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Testimonials and Endorsements; No Guarantees or Claims; Disclaimer of Warranties
We may post testimonials and endorsements on our site regarding customer use of our services and products. We believe these testimonials and endorsements reflect experiences that are representative of what consumers will generally achieve with the advertised product in actual, albeit variable, conditions of use. However, this does not necessarily imply that any given consumer will experience the exact same or similar results as others who have used similar services and who have subsequently written testimonials and endorsements. Although results generally should be within the range of results a significant number of consumers can experience, the results experienced by any one individual who has written a testimonial or endorsement is not necessarily what any other particularly consumer should expect to experience. Another way to state this is that results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience.
Further, we make no representations, warranties, claims, or guarantees with respect to any information provided on this website or regarding any of our services or products. Any review or other statement that could be regarded as a testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of use of any product, service, or piece of information.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability for Use of Website
While every attempt has been made to verify the information on this website, neither the owners, distributors, agents, publishers or their affiliates assume any responsibility or liability for any error, inaccuracies, omissions in the same (whether typographical, technical, or otherwise), or related to results from use of these materials. None of these parties is liable for any direct, incidental, consequential, lost profits, business interruption, indirect, or punitive damages arising out of your access to, or use of, or inability to access or use, this website, regardless of whether we are advised of the possibility of such damages. Any person or entity that relies on any information obtained from website does so at their own risk. If you are dissatisfied or harmed by anything relating to this site, you may leave this site and this will be your sole and exclusive remedy.