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DisABLEDperson.com LEGAL INFORMATION DISABLEDPERSON.COM, INC.
PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE
TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY: TRADEMARK NOTICE * disABLEDperson* is a
registered service mark of the Company. WARRANTY INFORMATION; DISCLAIMER THIS SITE, INCLUDING ANY
CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY
PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED "AS
IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER
DIABLEDPERSON.COM, INC., ITS AFFILIATES, NOR ITS SPONSORS MAKES ANY
REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE
SITE-RELATED SERVICES. ACKNOWLEDGMENT This Site may contain links
to other Web sites operated by third parties, other than affiliates of the
Company ("Linked Sites"). You acknowledge that, when you click on a
link to visit a Linked Site, a frame may appear that contains the Company logo,
advertisements and/or other content selected by the Company. You acknowledge
that the Company and its sponsors neither endorse nor are affiliated with the
Linked Site and are not responsible for any content that appears on the Linked
Site. You also acknowledge that the owner of the Linked Site neither endorses
nor is affiliated with the Company and its sponsors. VOID WHERE PROHIBITED; INDEMNIFICATION Although the Site is
accessible worldwide, not all products or services discussed or referenced in
the Site are available to all persons or in all geographic locations or
jurisdictions. The Company reserves the right to limit the provision of any
product or service to any person, geographic area or jurisdiction it so
desires. You agree to indemnify, defend and hold harmless the Company and its
sponsors against any and all claims, damages, costs or other expenses that
arise directly or indirectly out of or from (a) your breach of this Agreement,
(b) your violation of the Code of Conduct and/or (c) your activities in
connection with the Site or Site-related services. CODE OF CONDUCT While using the Site or
Site-related services, you agree not to: ·
Restrict or inhibit any
other user from using and enjoying the Site and services; ·
Post or transmit any
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable or harmful information of any kind; ·
Post or transmit any
advertising, promotion or solicitation of goods or services for commercial
purposes; ·
Post or transmit any
information or software that contains a virus, worm, trojan horse or other
harmful or disruptive component; ·
Post or transmit
materials in violation of another party's copyright or intellectual property
rights; ·
Use the Site for any
commercial or unlawful research and information gathering purposes; or ·
Modify, adapt,
sublicense, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site.
RESTRICTED RIGHTS LEGEND Use, duplication or
disclosure by the Government is subject to the restriction as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is
DIABLEDPERSON.COM, INC., 6185 Paseo del Norte, Suite 100, Carlsbad, 92009. MAKING PURCHASES If products or services are
made available at the Site, and if you wish to license or make purchases of
products or services described on the Site, you may be asked by the applicable
merchant or service provider to supply certain information, including but not
limited to credit card or other payment information. You agree that all
information that you provide to any such merchant or service provider will be
accurate, complete and current. You agree to pay all charges incurred by users
of your account and credit card or other payment mechanism at the prices in
effect when such charges are incurred. You will also be responsible for paying
any applicable taxes relating to your purchases. Moreover, you agree to review
and to comply with the terms and conditions of any specific agreement that you
enter into with the merchant and/or service provider in connection with the
licensing or purchase of any product or service. SUBMISSIONS You acknowledge and agree
that by submitting any resource, link, information, content or other materials
(including but not limited to job postings) ("Content") to the
Company, you grant to the Company a nonexclusive, royalty-free, irrevocable,
worldwide license to link to, reproduce, distribute, adapt, perform, display,
sublicense and prepare derivative works based upon the submitted Content.
Further, by submitting Content to the Company, you acknowledge that you have
the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN
OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT. USE OF SECURE AREA AND PASSWORD Use of any password-protected
area of the Site is restricted to the individual who has been given permission
and a password to enter such area (the *Authorized Party*). The password cannot
be distributed to others, and the Authorized Party is responsible for any and
all damages to the Company resulting from the distribution of his or her
password. If more than one individual wishes to use a single password belonging
to an Authorized Party, such Authorized Party must request permission from the
Company in writing, it being understood that the Company shall be under no
obligation to approve any such request. MISCELLANEOUS This Agreement is entered into in the State of
California and shall be governed by and construed in accordance with the laws
of the State of California, exclusive of its choice of law rules. Each party to
this Agreement hereby submits to the exclusive jurisdiction of the state and
federal courts sitting in the County of San Diego in the State of California
and waives any jurisdictional, venue or inconvenient forum objections to such
courts. In any action to enforce this Agreement, the prevailing party will be
entitled to costs and attorneys' fees. In the event that any of the provisions
of this Agreement shall be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. Failure of any party
to insist upon strict compliance with any of the terms and conditions of this
Agreement shall not be deemed a waiver or relinquishment of any similar right
or power at any subsequent time. |