Disability Direct Response Terms and Conditions
Scope of Agreement
This Agreement by and between Salome Heyward and Associates and you governs your use of the DisabilityDirectResponse website (Site) together with all information, content, products, materials and services made available to you through the same by us and/or third parties. By using or otherwise accessing the Site, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the Terms and Conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Site in any manner. When we refer to the use of the Site in this Agreement, we mean any actual or attempted access or use of the Site, including, without limitation, any transmission, exchange of information or communication associated with the Site.
We may add, delete or modify any of the Site’s content, information, products, materials or services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any change by posting the changes on the Site. Changes will take effect once we notify you (“effective date”). You can always obtain a current copy of this Agreement at any time on the Site. If any change is not acceptable to you, you must stop using the Site. Your use of the Site after the effective date shall constitute your acceptance of such changes.
This Website is designed to provide information, analysis and training to assist people involved and interested in disability accommodation, access and compliance. It is not a substitute for professional legal and/or medical advice. The contents of the DisabilityDirectResponse Site, such as text, graphics, images, information obtained from Salome Heyward and Associates and its affiliates and/or licensors, and other materials contained on the DisabilityDirectResponse Site (“Content”) are for informational purposes only.
Use of Content
Salome Heyward and Associates authorizes you to view or download a single copy of the materials on the DisabilityDirectResponse Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2006 Salome Heyward and Associates, LTD. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. You will not alter, or erase or otherwise obscure our copyright, proprietary or other notices on the Content. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under this Agreement. The Content is protected by copyright under United States laws. Title to the Content remains with Salome Heyward and Associates or its affiliates and/or licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Salome Heyward and Associates. All rights not expressly granted herein are reserve to Salome Heyward and Associates and its affiliates and/or licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the DisabilityDirectResponse Site and the Content is at your own risk. Salome Heyward and Associates assumes no liability for or relating to the delay, failure, interruption, or correction of any data or other information transmitted in connection with use of the DisabilityDirectResponse Site. The DisabilityDirectResponse Site and the Content are provided on an “as is” basis. Salome Heyward and Associates and its affiliates and/or licensors to the fullest extent permitted by the law disclaim all warranties either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third parties rights, and fitness for particular purpose. Salome Heyward and Associates and its affiliates and/or licensors make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the DisabilityDirectResponse Site.
The Site or third parties may provide links to other World Wide Webs sites or resources. As Salome Heyward & Associates has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.
Although we do not actively monitor, regulate or prescreen your use of the website services we reserve the unconditional right but not the obligation to remove, move or edit any content or material we consider harmful, offensive, disruptive, in violation of the law, regulations or any agreement, including without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any person or entity for performance or non-performance of such monitoring activities.
DisabilityDirectResponse has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your DisabilityDirectResponse passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your DisabilityDirectResponse account and passwords; (3) promptly inform DisabilityDirectResponse of any need to deactivate a password. You grant DisabilityDirectResponse and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. DisabilityDirectResponse cannot and does not assume any responsibility or liability for any information you submit or your or third parties’ use or misuse of information transmitted or received using DisabilityDirectResponse tools and services.
You are responsible for providing a valid form of payment at the time you register for the subscription service. You represent and warrant that you are authorize to contract for the subscription services and you agree to pay all charges resulting from your subscription service account at the prices then in effect. You agree that DisabilityDirectResponse may pass your payment information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilize through your subscription service. All subscription service charges or exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. DisabilityDirectResponse reserves the right to modify or terminate membership plans, change prices, or institute new charges for the subscription service at any time with at least thirty (30) days notice.
With the exception of trial memberships and special offers, your membership term is annual. Unless specified otherwise on the DisabilityDirectResponse website, your membership to DisabilityDirectResponse is automatically renewed following your initial membership on an annual basis. You are responsible for all associated renewal fees until notice of cancellation is received by DisabilityDirectResponse.
You may cancel your membership at any time. Cancellations become effective on the last day of the month that you provide notice of cancellation. Refunds will be pro rated based upon the number of months remaining in your annual membership period. You may cancel your membership to DisabilityDirectResponse by e-mail, US mail or by phone.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys fees, experts fees and other reasonable cost of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the Terms and Conditions of this Agreement, (b) your use of the Site and its services, and/or (c) the use of the Site and its services by any other persons using your IDs.
This Agreement and your use of this Site and its services will be interpreted under and governed by the substantive laws of the State of Massachusetts without respect to its conflict of law principles. You agree that exclusive jurisdiction and venue of any dispute with Salome Heyward and Associates or its licensors, subsidiaries, telecommunication providers, content providers or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the state of Massachusetts. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. This Agreement may not be modified by anyone except in writing signed by an authorized officer of Salome Heyward and Associates. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portion shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.