Terms of Use
Last Modified: October 21, 2016
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS MAY REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Acceptance of the Terms of Use
These terms of use are entered into by and between You and MYABILITYKIT LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of MyAbilityKit.com, any content, functionality and services offered on or through MyAbilityKit.com, including any document, image, or printable downloaded from MyAbilityKit.com (“Digital Download”) (collectively, the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://MyAbilityKit.com/privacy (“Privacy Policy”, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not of legal age to form a binding contract with the Company, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
1. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors.
2. We hereby grant you a limited license, subject to the restrictions in these Terms of Use, to use the material contained on the Website as described below:
a. YOU MAY use Website materials for your personal use, in therapy sessions, in making gifts, in your own classroom and for your own personal teaching resources.
b. YOU MAY NOT:
i. Use any Website material to make products, whether for sale or offered free of charge, or to create logos, flyers or promotional images for commercial ventures;
ii. modify, transmit, publish, participate in the transfer or sale of, create derivative works from, distribute, perform, display, sublicense or in any way exploit, any of the Website content, in whole or in part;
iii. use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
iv. use this Website in any way that is, or may be, damaging to this Website or to Company;
v. use this Website in any way that impacts user access to this Website;
vi. use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
vii. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; or
viii. use this Website to engage in any advertising or marketing.
3. Additionally, if you purchase any Digital Downloads, subject to and conditioned upon your payment of the applicable license fees and your strict compliance with all of these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, limited license to use such purchased Digital Download as described below:
a. YOU MAY use purchased Digital Downloads for your personal use, in therapy sessions, in making gifts, in your own classroom and for your own personal teaching resources.
b. YOU MAY NOT:
i. bypass, disable, or attempt to bypass or disable, any digital rights management technologies in place on the Digital Download;
ii. make, or attempt to make, any changes, edits, customizations or other alterations to the Digital Download; or
iii. modify, transmit, publish, participate in the transfer or sale of, create derivative works from, distribute, perform, display, sublicense or in any way exploit, any of the content of any Digital Download, in whole or in part.
4. If you breach any of the terms or conditions in these Terms, in addition to any other rights or causes of actions that Company may have or take, your limited license to use the Website and/or Digital Download automatically terminates and you must immediately destroy any downloaded or printed materials from the Website or Digital Download and no longer access the Website in any way. Any rights not expressly granted in these Terms are reserved.
Reliance on Information Posted
The information presented on or through the Website and in the Digital Downloads is made available solely for general information purposes. Company uses reasonable care in the presentation of such information, however we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Warranty Disclaimer
COMPANY HEREBY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED. COMPANY IS MAKING THE WEBSITE AND DIGITAL DOWNLOADS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, SUCH MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR DIGITAL DOWNLOADS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of any Digital Download or the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use, the Website or the Digital Downloads, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE DIGITAL DOWNLOADS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and Digital Downloads, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to claire@myabilitykit.com.