1. Acceptance of Terms of Use. As noted above, if you use the site you agree to abide by and accept all of the terms of this agreement. Although portions of the site may be viewed simply by visiting the site, in order to access message boards, chat rooms, receive certain services, establish an e-mail account, receive announcements and purchase products, you may need to register as a member of Disabled Online. If you do not agree to these terms, please do not use the site.
2. Your registration obligations. If you use the site, you agree to: (a) provide true, accurate, current and complete information about yourself in the registration form and elsewhere, and (b) promptly update your information to keep it true, accurate, current and complete. You understand and agree that Disabled Online may disclose to third parties your ZIP code, gender and/or age, but only in the form of aggregated information. Your informed consent for disclosure of your personal information to third parties and the use of your information by us and third parties, shall be in the form of an "opt in" feature as set forth in our then-current Privacy Policy, which is incorporated herein by reference, and which is available at the site.
3. Personal and noncommercial use limitation. Except when you are buying products for yourself, you may not use the site for commercial purposes or your financial gain. You may not copy, distribute, transmit, display, frame, modify, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, including information about our members, software, products or services obtained from or as a result of the site without our prior written approval.
4. Online communities. The site contains or may contain bulletin boards, chat rooms, news groups, forums, communities and other communication facilities ("communities"). You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Disabled Online. You further agree not to use an inappropriate member name of any kind. You acknowledge that all communities are public and communications therein are therefore not private and you have no expectation of privacy therein. Therefore, your comments in the communities may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your family.
4.1 Your content. You are solely responsible for your posting to the communities and the consequences of any of these messages. Disabled Online is only a passive conduit for your online distribution and publication. However, we reserve the right to take any action with respect to your content if we believe it is unlawful, may damage our goodwill, hurt our relationship with affiliates, suppliers or customers or is inappropriate.
4.2 Your obligations with respect to content. In distributing or posting your content and using the site you agree not to: (a) infringe any copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (b) violate any applicable law or regulation; (c) make any defamatory or trade libelous comments; (d) be indecent, obscene or pornographic, (e) upload any files, macros, programs or the like that contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any computer, system, data or personal information. By using the site, you also agree not to distribute unsolicited commercial messages ("spam") to our members or users or take any other action which imposes an unreasonable or large load on our infrastructure, such as bulk communications of any kind.
4.3 Grant of license. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all rights under copyright, publicity and related rights, in any media now known or not currently known, with respect to any content you post to or on the site, including, without limitation, in the Communities. Accordingly, among other things, we may use, modify, adapt, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer or sell any such communication or content.
5. Merchants. We have established relationships with certain merchants, affiliates and suppliers found on the site ("merchants"). We cannot and do not, however, control their performance, products or quality and we are not responsible for it. Accordingly, all matters concerning the merchandise and services desired from merchants, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants. Disabled Online makes no warranties or representations whatsoever with regard to any goods or services provided by the merchants. You will not consider Disabled Online nor will Disabled Online be construed as a party to such transactions, whether or not Disabled Online may have received some form of revenue or other remuneration in connection with the transaction. Therefore, if you choose to purchase any goods or services from any merchants, they and not us, will be responsible for any and all claims you may have regarding their goods or services or their performance or failure to perform.
6. LIABILITY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISABLED ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISABLED ONLINE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DISABLED ONLINE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. DISABLED ONLINE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT DISABLED ONLINE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. DISABLED ONLINE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. ADVICE RECEIVED FROM THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DISABLED ONLINE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISABLED ONLINE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DISABLED ONLINE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
DISABLED ONLINE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY CLASSIFIED OR PERSONAL ADVERTISEMENT. Disabled Online specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on the Site, you are promising that the content of your advertisement is true and that you will indemnify Disabled Online against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on the site, you waive any claims against Disabled Online for damages arising from such advertisement or your reliance upon statements in such advertisement.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL DISABLED ONLINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITE, (II) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DISABLED ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Links with other sites/promotional messages. Disabled Online is not responsible for the content of any other site linked to or from the site. If you link to another site outside the Disabled Online network, you leave the site. If you decide to link to another site, you do so entirely at your own risk. Disabled Online may provide links from the site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or owner of any other site. DISABLED ONLINE MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
Disabled Online and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Disabled Online makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Disabled Online nor such third party shall have any liability with respect thereto.
9. Indemnification. You agree to defend, indemnify and hold harmless Disabled Online and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including attorney fees, that arise out of or in connection with your use of the site, any violation of this agreement, the infringement of any intellectual property or other right of any person or entity, or your posting, downloading or transmission of any communications or materials on the site.
10. Remedies. In the event that Disabled Online determines, at its sole discretion, that you have breached any portion of this agreement, or have otherwise demonstrated conduct inappropriate for the site, Disabled Online reserves the right to (i) warn you via e-mail that you have violated this agreement; (ii) delete any content provided by you or your agent(s) to the site, (iii) discontinue or terminate your registration with or access to the site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) take any other action which Disabled Online deems to be appropriate, or (vi) exercise any other remedy available under this agreement, at law or in equity. All rights are cumulative.
11. Termination/modification. Disabled Online reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) this agreement; (ii) your registration with or ability to access Disabled Online and/or any other service provided to you by Disabled Online, including any e-mail account.
Disabled Online assumes no responsibility for the deletion of or failure to store e-mail messages. Disabled Online may modify this agreement from time to time in its sole discretion. Each time you log on to Disabled Online, you will be deemed to have accepted any such changes. Disabled Online may modify or discontinue Disabled Online with or without notice to you and without liability to you or any third party.
12. General terms. This agreement shall be governed in all respects by the laws of the state of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. Both parties submit to jurisdiction in Illinois and further agree that any cause of action arising under this agreement shall be brought in a court in Cook County, Il. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Disabled Online's failure to act with respect to a breach by you or others does not waive Disabled Online's right to act with respect to subsequent or similar breaches. If we ask a third party to provide services through our network or for your membership, the provisions of this agreement shall apply to your use of their services. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
14. Copyrights and copyright agents. Disabled Online respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please provide Disabled Online's copyright agent the following information:
