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Website Conditions

Terms and Conditions

“We,” “us,” “our,” and the like means AccessAbleUSA.  These Terms and Conditions (including all policies referenced herein) (collectively, the “Terms”) are the terms on which you may use our website available at: www.AccessAbleUSA.com (our “website”) and/or the AccessABLE mobile application (the website and mobile application collectively, “Platform”).

Please read these Terms carefully before using the Platform.  By using our Platform, you confirm that you have read, understood, and accept these Terms and that you agree to comply with them.  If you do not agree to these Terms, do not use our Platform.

These Terms constitute the sole and entire agreement between you and us regarding the subject matter contained in these Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter contained in these Terms.

Information about us

Our Platform is operated by us.  We are registered in the State of Delaware located at 800 North State Street, Suite 304, in the City of Dover, 19901, County of Kent. The name of the Corporation’s registered agent at such address is United Corporate Services, Inc.

Other applicable Terms

These Terms refer to the following additional policies, which also apply to your use of our Platform:

  1. Our Accessibility Policy, which sets out information about how we prioritize accessibility and usability features on our Platform.
  2. Our Cookie Policy, which sets out information about the cookies on our Platform.
  3. Our Privacy Policy, which sets out the terms on which we process any Personal Information (such as your name, email address, or other information, including but not limited to transactional information you may upload to our Platform, such as your username and password) that we collect from you or that you provide to us.  By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.

Content Standards

Whenever you make use of a feature that allows you to upload material to our Platform (“Contribution/s”), or to make contact with other users, you must comply with these content standards (“Content Standards”).  You warrant that any such Contribution complies with the Content Standards, and you will be liable to us and indemnify us for any breach of this warranty.  These Content Standards apply to any interactive services associated with it.  Any Contribution you upload to our Platform will be considered non-confidential and non-proprietary, and we have the right, in our sole discretion, to use, copy, distribute and disclose to third parties any such Contribution, in whole or in part, for any purpose. 

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with any and all laws, rules, regulations, or ordinances that may be applicable to your use of our Platform, including any U.S. federal, state, local, national, or international law relating to civil rights, harassment, copyright, security, and other applicable laws  and in any country from which your contributions are posted (“Applicable Law”).

Contributions must not:

  • Contain or transmit any material which is libelous, slanderous, or defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, sexual orientation, religion, nationality, disability, or age.
  • Infringe any intellectual property rights, which broadly covers all copyrighted works, trademarks, patents, and other proprietary and confidential information of any other person.
  • Contain material that is in any way unlawful, deceptive, or fraudulent, or has any unlawful, deceptive, or fraudulent purpose or effect.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Advocate, promote, engage, or assist with any activity that is illegal under Applicable Law.
  • Threaten, abuse, or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person.
  • Be used to impersonate us, our employees, or any other individual or entity, or to falsely represent your association with us, our employees, or any person or entity.
  • Give the impression that they emanate from us, if this is not the case.

Prohibited uses

You may use our Platform only for lawful purposes consistent with Applicable Law.  You may not use our Platform:

  • To send, transmit, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards.
  • To harm or attempt to harm persons, in any way, including persons who are under eighteen years of age.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising, commercial email, promotional material, floods, bombs, or any other form of similar solicitation (spam).
  • To transmit, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, any other harmful programs, or similar code designed to adversely affect the operation of any computer software or hardware, or which is malicious or technologically harmful.
  • To reproduce, duplicate, copy, or re-sell any part of our Platform.
  • To engage in any activity that attempts, knowingly facilitates, and/or disrupts, interferes, overburdens, damages, impairs, or violates the security, integrity, and functioning of any part of our Platform, any equipment or network on which our Platform is stored, any software used in the provision of our Platform, or any equipment or network or software owned or used by any third party including but not limited to denial-of-service attack or a distributed denial-of service attack.
  • To use any robot, spider, or other automatic device, process, or means to access our Platform for any purpose, including monitoring or copying any of the material on our Platform.
  • To access systems, data or information not intended by us to be made accessible to you.
  • To attempt to gain unauthorized access to any Platform account, computer system, or network.
  • To use our Platform for any use other than the purpose for which it was intended.

The views expressed by other users on our Platform do not represent our views or values.

We are under no obligation to oversee, monitor, or moderate any service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any service by a user in contravention of our Content Standards, whether the service is moderated or not.  You have no expectation of privacy while using our Platform or submitting a Contribution.  We reserve the right, in our sole discretion, to access, collect, review, inspect, examine, monitor, intercept, remove, restrict, use, and disclose any information that is transmitted or stored in our Platform as may be necessary for us to meet our legal obligations, to protect our interests, or if, in our opinion, your Contribution does not comply with the Content Standards.

The use of any of our services by a person under eighteen years of age is subject to the consent of their parent or guardian.  We advise parents and guardians to communicate with their children or ward about their online safety.  Persons who are using any service should be made aware of the potential risks to them.

Interactive services

We may from time to time, but do not undertake any affirmative obligation, to provide interactive services on our Platform, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Product and venue reviews.
  • Links to and feeds from our social media channels and platforms. 

Where we do provide any interactive service, we will use reasonable endeavors, but do not undertake any affirmative obligation, to provide information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).  It may not be possible for us to provide information to you about the kind of service offered or the other subject matter in this paragraph.  If we do not provide any such information to you, we advise you not to use any such interactive service unless you are satisfied about the risks you are taking in relation to it. 

We do not undertake any affirmative obligation to, but may assess, any possible risks for users when they use any interactive service provided on our Platform, and we will decide in our sole discretion on a case by case basis, whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use). 

Where we do moderate an interactive service, we may provide you with a means of contacting the moderator, should a concern or difficulty arise. 

Suspension and Termination

We will determine, in our sole discretion, whether there has been a breach of the Terms through your use of our Platform.  When a breach of the Terms has occurred, with or without notice, and for any reason, we may take such action as we deem appropriate.  

Failure to comply with the Terms constitutes a material breach of the terms of use upon which you are permitted to use our Platform, and may result in our taking of any or all, but not limited to, the following actions, in our sole discretion:

  • Immediate, temporary or permanent withdrawal of your right to use our Platform.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Platform.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we feel is necessary, in our sole discretion.

We exclude liability for actions taken in response to breaches of the Terms.  The responses described in the Terms are not limited, and we may take any other action we deem appropriate. 

Changes to our Platform

We may make continual updates to any or all content on our Platform from time to time, in our sole discretion, with or without notice to you and without liability to you or to any third party.  The purpose of these changes is to try and give our users the most up to date information regarding the venues featured.  However, please note that despite our efforts some content may be out of date at any given time.  Any content on our Platform may be incorrect or out-of-date at any point in time and we have no obligation to update any content.

We do not guarantee that our Platform, or any content on it, will be free from errors or omissions.

Accessing our Platform

Our Platform is made available free of charge.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted.  Access to our Platform is permitted on a temporary basis.  We may deactivate, discontinue or change all or any part of our Platform, at any time in our sole discretion with or without notice to you and without liability to you or to any third party.  You are responsible for making all arrangements necessary for you to have access to our Platform.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of the Terms, and that they comply with them.  From time to time, in our sole discretion, we may restrict access to our Platform to certain users.

Intellectual property rights

AccessAbleUSA Inc. of 800 North State Street, Suite 304 in the City of Dover, 19901, County of Kent. We are the owner or the licensee of all intellectual property rights in our Platform (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of those things) (“Content”), and associated know-how, and in the material published on it.  The Platform, Content, and associated know-how are owned by us, our licensors, or other providers and are protected by the laws of the United States, other jurisdictions, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Platform IP”).  We own and will at all times retain all right, title, and interest in and to the Platform IP.  Our Terms contain no implied licenses.

You should assume that everything you see or read on our Platform including, but not limited to, content, images, photographs, data, illustrations, and the like is copyrighted by us or our providers unless otherwise noted, and may not be used without our express written permission or the express written permission of the third-party owner of the copyright.  Otherwise, the use of the Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by our Terms or specific permission provided elsewhere on our Platform.  Your unauthorized use of any Content displayed on our Platform, except as provided herein, is strictly prohibited and may violate applicable laws.

Nothing contained on our Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on our Platform (collectively, “Trademarks”) without our express written permission or the express written permission of the third party that owns the Trademark displayed on our Platform.  Your unauthorized use of any Trademark displayed on our Platform, except as provided herein, is strictly prohibited and may violate Applicable Laws.

We do, however, feature logos and corporate imagery and written content of our Charity and Community Partners on our Platform.  We do not own intellectual property rights in such logos and corporate imagery.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organization to content posted on our Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

You must not use any part of the content on our Platform for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our sole option, return or destroy any copies of the materials you have made.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content and Trademarks that you see, hear, and use on our Platform.  You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, we, or the applicable intellectual property owner, will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.  Any rights not expressly granted by us herein are expressly reserved by us.

No reliance on information; Disclaimer of warranties

THE PLATFORM AND ALL CONTENT PROVIDED ON THE PLATFORM ARE PROVIDED “AS IS.”  WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE PLATFORM OR ANY CONTENT, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.  YOU UNDERSTAND THAT WE PROVIDE INFORMATION ONLY AND DO NOT PROVIDE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE.  THE INFORMATION PROVIDED THROUGH THE PLATFORM IS FOR GENERAL INFORMATION PURPOSES ONLY, IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE, FINANCIAL ADVICE, OR OTHER PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ANALYSIS OR SPECIFIC ADVICE RELEVANT TO SPECIFIC CIRCUMSTANCES.  YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR INTEPRETING INFORMATION PROVIDED THROUGH THE PLATFORM.  IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR LIABILITY THAT MAY ARISE FROM ANY RELIANCE ON, OR INTERPRETATION OF, THE INFORMATION PROVIDED THROUGH THE PLATFORM.

 

Limitation of our liability

IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (iii) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (iv) COST OF REPLACEMENT SERVICES; (v) LOSS OF GOODWILL OR REPUTATION; OR (vi) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS OR THEIR SUBJECT MATTER, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED $100.  THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE.  YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR PLATFORM, OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR PLATFORM.  SUCH LINKS SHOULD NOT BE INTERPRETED AS ASSOCIATION, APPROVAL, RECOMMENDATION, OR ENDORSEMENT BY US OF THOSE LINKED WEBSITES.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

IF THE APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR LIABILITY, NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED.

Indemnification

You agree to defend, indemnify, and hold AccessAble and its officers, directors, and employees harmless from and against any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder arising out of, related to, resulting from, or in connection with: (i) any claim that your Contributions or other data, information, or materials provided by you, or our use thereof, violates any Applicable Law or infringes or misappropriates a third party’s intellectual property rights or privacy rights; (ii) your negligence or willful misconduct; (iii) your violation of Applicable Law; (iv) your breach of these Terms; or (v) your reliance on, or interpretation of, the information provided through the Platform.  In no event shall you settle any claim against us unless we consent to such settlement, and further provided that we will have the right, at its option, to defend itself against any claim or to participate in the defense thereof by counsel of its own choice.

Linking to our Platform

You may link to our Platform, provided you do so in a way that is fair and legal and does not damage, tarnish, or take advantage of our reputation.

You must not establish a link in such a way as to suggest any form of association, approval, recommendation, or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned and/or controlled by you.

We reserve the right to withdraw linking permission at any time, in our sole discretion, with or without notice to you and without liability to you or to any third party.

The website in which you are linking must comply in all respects with the Content Standards.

If you wish to make any use of content on our Platform other than that set out above, please contact [email protected].

Third party links and resources in our Platform

Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents or operation, in any way or form, of those websites or resources, or of any link contained in a linked website.  When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.  We provide these links only as a convenience to you; and the inclusion of any link does not imply our endorsement, recommendation, or approval of those websites.

Applicable law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions thereof.  The sole jurisdiction and venue for actions related to the subject matter hereof shall be state or U.S. federal courts located in the state of New York.  You irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts, and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.  In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify us and lawfully destroy all copies of such information in your possession.  No waiver by us of any term or condition set out in our Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under our Terms shall not constitute a waiver of such right or provision.  If any provision of our Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of our Terms will continue in full force and effect.

Termination

We may, in our sole discretion, terminate or suspend your access to our Platform with or without notice and for any reason, including, but not limited to, your violation of our Terms.

Changes to these Terms

We may revise these Terms at any time, in our sole discretion, with or without notice to you, and without liability to you or to any third party.  Each time you log on to our Platform, you will be deemed to have accepted the current Terms, including any changes from the prior version.  Please check this page from time to time so that you are aware of any changes we make, as they are binding on you.

Contact us

If you have any questions or concerns about material which appears on our Platform, please contact us at:

AccessAble Inc.

642 N. Madison St., Bloomington, IN 47404

or email [email protected]