All rights not expressly granted to Users in these Terms are hereby reserved by Company.
Company reserves the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Website that will be subject to the Terms. Any User who continues to use the Website after any changes are made will be deemed to have agreed to those changes.
These Terms provide that all disputes between a User and Company will be resolved by BINDING ARBITRATION. ACCORDINGLY, USER AGREES TO GIVE UP USER’S RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend rights under these Terms (except for matters that may be taken to small claims court). User’s rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and User’s claims cannot be brought as a class action.
Malfunctions and Technical Support
Company takes all reasonable steps to ensure that the Website will function as intended. However, Company shall not be liable if at any time the Website malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Website. Company will try to promptly address (during normal business hours) all technical issues that arise in relation to the Website.
User’s Responsibility and Agreement not to Share Purchases
Each User will be responsible and liable for all User Account Information submitted on the Website. Company will not be held accountable if a User suffers any loss or damage as a result of the use of the Website.
After User sets up its account, User may purchase items on the Website, including a book entitled “Wheelchair Man” (individually, a “Product” and collectively, the “Products”). In the event User purchases a Product, User shall have the right to download the Product to its own computer, mobile device, tablet or other viewing device owned or controlled by User. User shall not, and User agrees not to, distribute the Product to any third party including without limitation downloading the Product on such third party’s computer, mobile device, tablet or other viewing device. Nothing in these Terms shall be construed as authorizing User to grant to others any right to use any portion of the Product. All rights to use shall be granted by Company, exclusively.
User may not make the Product available in any form that can allow or permit a third party to edit or modify the Product. User shall not publish or transmit to its website or to any social media platform or any other website or platform where members are required to waive any of th their rights to posted or shared media.
Links to Other Websites
The Website may contain links to independent third-party websites such as YouTube, Facebook, Twitter, LinkedIn, GoFundMe (collectively, “Linked Websites”). Company provides these Linked Websites solely for your convenience, and does not control or endorse any of them. Company cannot be responsible for the content, promotions, security, tracking policies or privacy policies of such Linked Websites.
Warranties and Liability
The Website and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Company disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Website is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
COMPANY AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO USER WITH RESPECT TO USER’S USE OF THIS SITE IS $200 (TWO HUNDRED DOLLARS).
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
While Company uses reasonable efforts to ensure that the Website is free from viruses and other malicious content, neither Company nor any other party involved in producing or delivering the Website assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users’ computers or mobile devices or other property on account of access to or use of the Website.
Users assume total responsibility and risk for their use of the Website and Third Party Websites. Company does not warrant that any “Content,” as defined below under the heading Intellectual Property and Privacy, will be free of viruses, worms, Trojan horses or other destructive programming. Users are responsible for implementing procedures sufficient to satisfy their needs for data backup and security.
Each User indemnifies, and will keep indemnified, Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Company may incur or be subject to or suffer as a result of the User’s use of the Website and the services and functionality provided by it.
No Illegal or Malicious Use
No User may use the Website for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimidate or impersonate any other User. Any such use will result in termination to the User’s access to the Website and of the User’s account.
Intellectual Property and Privacy
The Website and all Content, including Data, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without Company’s prior written consent. However, as long as a User complies with these Terms, Company grants the User a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on the User not modifying the Website or the Content, and the User’s acceptance of any terms, conditions, and notices accompanying the Content or as otherwise stated in the Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from the Website that may have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
If the User posts to the User’s personal social media including, without limitation YouTube, Facebook, Instagram, Twitter, Snapchat, and LinkedIn and the User tags Company or uses another related hashtag, the User grants Company the irrevocable, unrestricted right to repost the User’s post on the Website.
No User may publish or use any Company brand, branding or logos except with Company’s prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Website.
Company takes reasonable measures to keep User Account Information (defined as Username and Password and any other information you provide) secure against unauthorized use or access. However, Users shall be responsible for maintaining the security of their account by keeping their User Account Information, Password and any other log-in details confidential and secure, and not sharing any such information with any third party. Users must select their Password carefully, and Password must not be sequential or easily-identifiable numbers (for example, birthdates, 1-2-3-4 or 1-1-1-1).
Company shall not be liable for any loss, cost or damage suffered as a result of any unauthorized use of the Website by any third party caused by a User’s failure to comply with these provisions. Users must notify Company immediately if they suspect or become aware of any unauthorized or fraudulent use of their account.
If a User does not comply with any aspect of these Terms, Company may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Website, and/or terminate these Terms (including the license granted within it). Company shall not be liable for any loss or damage suffered by Users as a result of Company exercising its rights under this clause.
Governing Law and Jurisdiction
These Terms shall be governed by Massachusetts law, and all Users submit to the exclusive jurisdiction of the State of Massachusetts for any matter or dispute arising in relation to these Terms.
If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as Company’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
Company will try work in good faith to resolve any issue User has with the Website. However, Company realizes that there may be rare cases where Company may not be able to resolve an issue to a User’s satisfaction.
User and Company agree that any dispute, claim or controversy arising out of or relating in any way to User’s use of the Website, including donations made and/or products and services ordered or purchased through the Website, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, Company agrees to cooperate with Users to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court. This arbitration provision shall survive termination of these Terms and any other contractual relationship between User and Company.
USER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both User and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with User’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Massachusetts.
Feedback and Claims of Infringement
Company welcomes any feedback Users have regarding the Website. Please be aware that any feedback Users provide shall be deemed non-confidential, and Company shall be free to use such information on an unrestricted basis.
If a User believes that any content appearing on the Website infringes the User’s copyright rights, Company wants to hear from the User. Please forward the following information in writing at the address listed below:
- a) The User’s name, address, telephone number and e-mail address;
- b) A description of the copyrighted work that the User claims has been infringed;
- c) The exact URL or a description of each place where alleged infringing material is located;
- d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;
- e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and
- f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.
Please provide any feedback or claims of infringement to the following address: 182 Pleasant St., Watertown, MA 02472.