Terms of Service
TERMS OF SERVICE
Effective April 2021
Certain DL Services may also be subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition to use those services (“Additional Terms”). These Additional Terms may be provided by Dysgraphia Life or through one of its affiliates or applicable third-party service providers not under the control of Dysgraphia Life. In such cases, the applicable Additional Terms shall be provided to You in conjunction with the particular additional services You use.
Please read this Agreement and any applicable Additional Terms before using the DL Services. By using the DL Services you agree to be bound by certain terms of this Agreement and acknowledge that Sections 10 (CONSENT TO COMMUNICATIONS) and 11 (DISPUTE RESOLUTION) are not binding upon you unless you provide your express written consent, as more fully described below. If you do not unequivocally agree to be bound by the provisions of this Agreement (except for Sections 10 and 11, to which you are not required to agree to use or for access to the website or the DL Services), you may not use or otherwise access the DL Services or post or download content or any other information to or from the DL Services. Alternatively, access and/or use may be limited as determined by Dysgraphia Life in its sole discretion. Your sole remedy for dissatisfaction with the DL Services or any content is to stop using the DL Services.
1. The Service We Provide
a) General Services
Dysgraphia Life provides you with a community of people who have dysgraphia, who care for those with dysgraphia, and those who wish to learn more about dysgraphia people who generally have trouble writing. We may also make available blogging, messaging, commenting, and other related services for you to share your experiences with similarly situated community members. By providing this community, we at Dysgraphia Life hope that you connect with other people who share your experiences.
b) Professionals Database
Dysgraphia Life provides a listing service for professionals who work with people with writing difficulties, including, but not limited to, occupational therapists, language therapists, psychologists, neuropsychologists, teachers and tutors (“DL Professionals”).Our Professionals Database is intended to help our users find, coordinate, and maintain educational services for those with writing difficulties.
We do not employ any DL Professionals and are not responsible for the conduct, whether online or offline of any DL Professional or other user of the Professionals Database.
The Professionals Database content is primarily user generated. We do not control or vet user-generated content or accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by DL Professionals on or off the site.
We do not refer or recommend DL Professionals nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by DL Professionals or the integrity, responsibility or actions of those seeking services or DL Professionals whether in public, private or offline interactions. Any screening of a DL Professional and her, his or its information by Dysgraphia Life is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as provider of services.
We are not an employment agency, and we do not secure or procure employees for any users seeking services, nor do we secure or procure opportunities for employment for any DL Professionals.
We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by DL Professionals, nor do we require DL Professionals to accept or work any jobs or deliver any services at all.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license
2. Account Registration and Termination
Dysgraphia Life provides a variety of services, both online and offline, designed to improve the overall academic experience for those with dysgraphia who have trouble writing. You may only have one Dysgraphia Life account for use of the DL Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third-party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Dysgraphia Life immediately if you suspect any unauthorized use of your account or access to your password. Dysgraphia Life has the right to terminate your account for any reason at our sole discretion without notice to you.
3. Age and Residence Requirements; U.S. Jurisdiction
The DL Services are available to individuals ages 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review this Agreement with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live. DL Services are only available to residents of the United States. All financial transactions will be processed in U.S. dollars. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dysgraphia to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable.
4. Intellectual Property
a) Proprietary Rights
The DL Services are owned and operated by Dysgraphia Life. Unless otherwise explicitly specified by Dysgraphia Life, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "Dysgraphia Life Content"), are owned, controlled, or licensed by Dysgraphia Life or Dysgraphia Life's third-party partners. Dysgraphia Life Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorized use of Dysgraphia Life Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
b) Your License to Use Dysgraphia Life Content
Subject to your compliance with this Agreement, Dysgraphia Life grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the Dysgraphia Life Content. You may only use the DL Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Dysgraphia Life Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Dysgraphia Life under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Dysgraphia Life's prior written permission or as expressly provided in this Agreement. When you download or use the Dysgraphia Life Content as authorized by this Agreement, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the Dysgraphia Life Content; and (c) not copy or adapt any object code associated with the DL Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Dysgraphia Life Content, you may not share that subscription or license with others. Dysgraphia Life may impose reasonable limits on your scope of access to Dysgraphia Life Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.
5. Social Distribution and Widgets
Dysgraphia Life may allow you but only through express written permission to engage in certain personal uses of Dysgraphia Life Content that include the ability to share certain Dysgraphia Life Content with others ("Social Distribution"). For example, the DL Services may allow you to send certain Dysgraphia Life Content to friends, display Dysgraphia Life Content on your personal web site or post Dysgraphia Life Content on a third-party web site. You agree that you will not imply that you and Dysgraphia Life are affiliated in any way or that Dysgraphia Life approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Dysgraphia Life Content.
Similarly, the DL Services may provide content that you may choose to embed on your personal web page, third-party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are Dysgraphia Life Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third-party) with any intellectual property rights in or to the Widget or any Dysgraphia Life Content made available via any Widget.
NOTICE TO THIRD-PARTY SITES: Any Dysgraphia Life Content made available in connection with your site, or otherwise, by our Widgets, third-party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Dysgraphia Life Content upon notice.
6. User Content and Activities
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to Dysgraphia Life, any Dysgraphia Life employee or contractor, or a Dysgraphia Life Website, you grant Dysgraphia Life and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Dysgraphia Life, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
You agree that Dysgraphia Life is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Dysgraphia Life to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Dysgraphia Life is not required to host, display, or distribute, and may remove at any time, any User Content. Dysgraphia Life reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the DL Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Dysgraphia Life's request, you will furnish Dysgraphia Life any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
You agree that Dysgraphia Life has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Dysgraphia Life will not have any obligation to you with regard to User Content and that Dysgraphia Life may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the DL Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with Dysgraphia Life.
7. Acceptable Use Policy
You are solely responsible for the User Content you submit, through or in connection with the DL Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the DL Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Dysgraphia Life may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that Dysgraphia Life determines:
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
involves commercial activities and/or sales without prior written consent from Dysgraphia Life such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include, without limitation:
unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the DL Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the DL Services;
any automated use of the DL Services, such as, but not limited to, using scripts to send messages or posts;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the DL Services;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the DL Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Dysgraphia Life, or sending messages with a commercial purpose; orusing the Services in a manner inconsistent with any applicable law.
8. Service Modifications
Dysgraphia Life reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by Dysgraphia Life is not a representation that the Services are working or will always work in that manner, as Dysgraphia Life is continuously updating the Services, and these updates may not always be reflected in this Agreement.
9. Account Cancellation
You may request cancellation of your account at any time throughout your use of the DLServices. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after you have returned all books that have been rented to you (if any) and all transactions have been processed including payment of assessed penalties or the cashing of any refund check, if applicable. Dysgraphia Life may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).
10. Consent to Communications
You acknowledge that the Consent to Communications provision of this Agreement is not binding on you unless you have provided your Express Written Consent (as defined above) to this Agreement. If you have provided your Express Written Consent (as defined above), the following provisions of the Consent to Communications provision are binding on you.
a) Agreement to Receive Communications from Dysgraphia Life
By using the DL Services and providing your phone number and/or email to Dysgraphia Life, you agree and acknowledge that Dysgraphia Life may communicate with you via email
You understand that, should the phone number provided above cease to be a valid means to contact you or if you cease to retain ownership of the phone number, you have an obligation to provide Dysgraphia Life notification of same through email at email@example.com . You understand and agree that, if Dysgraphia Life sends you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, Dysgraphia Life will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Dysgraphia Life to your email address book so that you will be able to receive the communications Dysgraphia Life sends to you.
By electronically providing your Express Written Consent to this consent to communications, you are confirming that you have agreed to the terms and conditions herein and you have had an opportunity to download or print a copy of the Agreement for your file.
b) Electronic Signature
You acknowledge that by clicking on the "I Accept", "Submit", or similar button on Dysgraphia Life’s website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.
c) How to Withdraw Your Consent to Communications
You may acknowledge that you may withdraw such consent to communications by notifying Dysgraphia Life of such withdrawal (per the opt-out instructions below or per the opt-out option provided with each communication) and repeating notification of such revocation if Dysgraphia Life subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, you may receive calls from Dysgraphia Life at your phone number provided above.
You may withdraw your consent to receive communications by writing to Dysgraphia Life at
Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183, or by contacting Dysgraphia Life via the Opt-out link at the bottom of each page of Dysgraphia Life’s website.
If you wish to opt-out of promotional emails, you can unsubscribe from Dysgraphia Life’s promotional email list by following the unsubscribe options in the promotional email itself.
d) Requesting Paper Copies of Electronic Communications
Upon your request, Dysgraphia Life will send you a paper copy of the contract(s) or other material provided to you electronically pursuant to this consent. If you would like a paper copy of any of this material please write to Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183 within 30 days of the communication for which you are seeking a paper copy. There will be no charge for a paper copy of this material.
You agree to indemnify, defend, and hold Dysgraphia Life harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under Section 10, which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Dysgraphia Life will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider. Dysgraphia Life may modify or terminate its text messaging service from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other User or a third party.
11. Dispute Resolution and Arbitration
a) Dispute Resolution
If a dispute arises between you and Dysgraphia Life, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Dysgraphia Life agree that any dispute, claim or controversy between us arising out of or related to the Agreement or the breach, termination, enforcement, interpretation or validity thereof, of the Services or your use of the Services (collectively, "Disputes") will be finally settled by individual binding arbitration in accordance with this “Dispute Resolution” section, and not in a court of law. This “Dispute Resolution” section shall also be referred to as the “Arbitration Agreement.” Notwithstanding the foregoing, either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Without limiting the preceding sentence, you will also have the right to litigate Disputes in a court of competent jurisdiction if you provide Dysgraphia Life with written notice of your desire to do so by email to firstname.lastname@example.org or regular mail at our offices located at Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183, Attn: Legal within thirty (30) days following the date you first receive this Agreement ("Arbitration Opt-out Notice"). Such notice must include your full name, address, Dysgraphia Life username, the email address you currently use to access your Dysgraphia Life account, and a clear statement that you want to opt out of this Arbitration Agreement. If you do not provide Dysgraphia Life with an Arbitration Opt-out Notice within this thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and Dysgraphia Life are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.
b) Class Action Waiver
You and Dysgraphia Life agree to waive the right to have any Dispute within the scope of this Arbitration Agreement be brought, heard, administered, resolved, or arbitrated on a class, collective, or mass action basis. All Disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class, collective or mass basis, and an arbitrator shall not have any authority to hear, arbitrate or resolve any claim on a class, collective, and/or mass action basis, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”), or to consolidate arbitrations, except as provided in the Batch Arbitration section below. If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute, neither you nor Dysgraphia Life will be entitled to arbitration of such Dispute. If a court determines by means of a final decision not subject to any further appeal or recourse, that the Class Action Waiver is invalid or unenforceable with respect to a particular claim or request for relief, you and Dysgraphia Life agree that that particular claim or request for relief may be adjudicated in court, but shall be severed and the court proceeding stayed pending arbitration of the remaining claims. This Class Action Waiver does not prevent you or Dysgraphia Life from participating in a class-wide settlement of claims.
c) Informal Dispute Resolution
There might be instances when a Dispute arises between you and Dysgraphia Life. If that occurs, Dysgraphia Life is committed to working with you to reach a reasonable resolution. You and Dysgraphia Life agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Dysgraphia Life therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Dysgraphia Life that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to email@example.com or regular mail to our offices located at Dysgraphia Life Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183, Attn: Legal. The notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your account and your account username; (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your claim. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a claim, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree otherwise; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree otherwise. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s claims. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
d) Commencing the Arbitration, Arbitration Rules, Governing Law
If the Informal Dispute Resolution Conference process above does not resolve satisfactorily the Dispute within 60 days after receipt of the notice, you and Dysgraphia Life agree that either party shall seek to finally resolve the Dispute through binding individual arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Agreement. (The AAA Rules are available at www.adr.org.)
A party who desires to initiate arbitration must provide the other party with a Request for Arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username as well as the email address associated with the account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above; and (5) the party’s portion of the applicable filing fee. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Agreement are governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. The parties acknowledge that the Agreement evidence a transaction involving interstate commerce and that notwithstanding the provision in the preceding sentence with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If for whatever reason the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply. Except as follows, the arbitrator shall have the exclusive authority to resolve any Dispute relating to the interpretation, scope, applicability, enforceability, validity or formation of this Arbitration Agreement. The exceptions to the preceding sentence are (1) all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable, illegal, void or voidable, or such Class Action Waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all Disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes arising out of or relating to whether either party has satisfied the condition precedent of engaging in the pre-arbitration Informal Dispute Resolution Conference discussed in the “Informal Dispute Resolution” section above, shall be decided only by a court of competent jurisdiction and not by an arbitrator. The parties agree that any and all due dates for arbitration fees shall be suspended, and no action for unpaid fees shall lie, while any Dispute arising out or relating to the Class Action Waiver, the payment of arbitration fees and/or the pre-arbitration Informal Dispute Resolution Conference are being resolved.
The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Virginia and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process is triggered (as described below), the AAA will appoint the arbitrator for each batch.
f) Arbitration Location and Procedure
Unless you and Dysgraphia Life otherwise agree, or the Batch Arbitration process is triggered, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Dysgraphia Life submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator has the authority to grant motions dispositive of all or part of any claims or counterclaims.
g) Batch Arbitration
You agree that any and all Disputes not resolved by the Informal Dispute Resolution Conference process will be finally resolved by arbitration in accordance with the AAA Rules then in effect, except as modified herein. Fees will be assessed based on the AAA Multiple Consumer Case Filings fees then in effect. To increase the efficiency of administration and resolution of arbitrations, you and Dysgraphia Life agree that in the event that there are 100 or more individual Requests of a similar nature filed against Dysgraphia Life by or with the assistance of the same law firm, group of law firms or organizations within a 30 day period (or otherwise in close proximity), the AAA (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of case management fees and arbitrator compensation due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the applicability of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the Batch Arbitration process’ applicability (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Dysgraphia Life. You and Dysgraphia Life agree to cooperate in good faith with the AAA to implement the Batch Arbitration approach including the payment of single case management fees and arbitrator compensation for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section.
h) Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator's award will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator's awarding of damages must be consistent with the terms of the “Limitation of Liability” section of this Agreement as to the types and the amounts of damages for which a party may be held liable. 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 the party's individual claim. If you prevail in arbitration, you may seek an award of reasonable attorneys’ fees and expenses, to the extent permitted under applicable law. Dysgraphia Life will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations.
Your responsibility to pay any AAA filing fees, case management fees and arbitrator compensation will be solely as set forth in the AAA Rules (see Costs of Arbitration). However, if the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Dysgraphia Life shall have the right to seek recovery of any AAA filing fees, case management fees and arbitrator compensation it has paid.
j) Invalidity, Expiration, and Termination
If any part or parts of this “Dispute Resolution” section are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the “Dispute Resolution” section shall continue in full force and effect to the fullest extent permitted by law. This "Dispute Resolution" section shall survive any expiration or termination of this Agreement or your relationship with Dysgraphia Life.
You agree that any Dispute that you have with Dysgraphia Life as detailed in this “Legal Disputes” section must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction in the U.S.
Dysgraphia Life reserves the right to change this “Dispute Resolution” section. If Dysgraphia Life changes this “Dispute Resolution” section after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), it will notify you. You agree that your continued use of Services will be deemed acceptance of those changes. If you do not agree to such changes, you may reject any such changes by sending us written notice (including by email to legal) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. In order to be effective, the notice must include your full name, address, Dysgraphia Life username, the email address you currently use to access your Dysgraphia Life account and clearly indicate your intent to reject changes to this "Dispute Resolution" section. Dysgraphia Life’s updates to this “Dispute Resolution” section do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this “Dispute Resolution” section, and you were bound by an existing agreement to arbitrate disputes arising out of or relating to this Agreement, Services or your use of the Services, the provisions of the “Dispute Resolution” section as of the date you first accepted the terms of this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Dysgraphia Life will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement. Updates to this “Dispute Resolution” section will not change your standing with respect to any litigation between Dysgraphia Life and you that is already pending in a federal or state court or an arbitration as of the date these updated Agreement go into effect (as indicated in the “Last Updated” date). Updates to this “Dispute Resolution” section will apply to any litigation or arbitration between Dysgraphia Life and you that is commenced after this Agreement go into effect (as indicated in the “Last Updated” date), including in relation to events, circumstances or claims that pre-date this update, unless you validly opt out as described above.
12. Payments and Payment Processing
In order to utilize some DL Services or product offerings, the user of such DL Services or product offerings must pay Dysgraphia Life either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the DL Services or product offerings purchased.
a) Billing and Payment
If you sign up for a Dysgraphia Life paid subscription for a DL Service or product that includes a recurring fee, you agree to pay Dysgraphia Life all charges associated with the subscription, DL Service, or product you choose, as described on the website at the time you submit your payment information. You also authorize Dysgraphia Life, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Dysgraphia Life reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Dysgraphia Life to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Dysgraphia Life already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.
b) Automatic Subscription Renewal and Cancellation
ALL PAID PROFESSIONALS DATABASE SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PORDUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PROFESSIONALS DATABASE SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCIRPTION TERM.
FOR OTHER DL SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel your paid Professionals Database subscription at any time by emailing firstname.lastname@example.org. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
c) Free Trial Offers
Dysgraphia Life may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a DL Service on a free trial basis may have limited access to the DL Service and/or features of the DL Service. If a user signs up for a free trial subscription, unless she or he cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the DL Service, unless otherwise informed by Dysgraphia Life at the time of original subscription. If a user does not want to continue with the DL Service after the expiration of the free trial period, the DL Professional must cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the DL Service. Upon cancellation, the DL Professional’s credit card will be refunded for the amount of the most recent subscription charge so long as she or he has not used the subscription after the expiration of the free trial period.
As part of your subscription or as a promotion, we may issue you credits redeemable for products or services as described on the website. Such credits may only be redeemed via the website, have no cash value, are not redeemable for cash (except to the extent specifically required by law), and are non-transferrable and non-refundable under any circumstances. Credits have no fixed value, but may be redeemed for the lesser of (1) the cost of the goods or services for which they are redeemed; or (2) the maximum value of a credit stated on the website (which may change from time to time in the discretion of Dysgraphia Life). Credits may only be redeemed in whole increments up to the total value reflected on the Site. No partial redemptions are permitted. Credits are valid for a limited time, as described on the website and in any additional terms that may apply to the service through which the credits are issued or redeemed.
e) Refund Policy
Except as set forth in this Agreement or as described on the website at the time you make a purchase, all payments for subscriptions, services or products made on or through the website or DL Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
13. Third-Party Links, Content and Applications
There may be links from the Services, or from communications you receive from the DL Services, to third-party web sites or online features. The DL Services also may include third-party content that we do not control, maintain or endorse.
Functionality on the Services may also permit interactions between the Services and a third-party web site or online feature, including applications that connect the Services or your profile on the Services with a third-party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third-party, which may be publicly posted on that third-party's web site. Using this functionality typically requires you to login to your account on the third-party website. We do not control any of these third-party sites or any of their content. Neither Dysgraphia Life nor its service providers are responsible for the practices of any third-party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third-party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH SUCH THIRD-PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.
14. Release of Liability for Conduct and Disputes; Disclaimer of Warranties
a) By using the DL Services, you hereby represent, understand, and expressly agree to release and hold the Dysgraphia Life Parties (as defined in Section (b) below) harmless from any claim or controversy that may arise out of:
the actions or inactions of, or the relationship between, you and any DL Professional or other users(s) of the DL Services; and
any information, instruction, advice or services created by any DL Professional, or other third party that appeared in, or was communicated through, the DL Services.
b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DYSGRAPHIA LIFE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DYSGRAPHIA LIFE AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, THIRD-PARTY DISTRIBUTORS AND THIRD-PARTY LICENSORS OF CONTENT SOLD THROUGH DYSGRAPHIA LIFE (COLLECTIVELY THE "DYSGRAPHIA LIFE PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE DYSGRAPHIA LIFE WEBSITES OR THE DL SERVICES; (B) THE DYSGRAPHIA LIFE CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DYSGRAPHIA LIFE OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DYSGRAPHIA LIFE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DYSGRAPHIA LIFE PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DYSGRAPHIA LIFE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR DL SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE DYSGRAPHIA LIFE PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD-PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY DYSGRAPHIA LIFE. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE DL SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY DYSGRAPHIA LIFE. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE DL SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR DL SERVICES. DYSGRAPHIA LIFE TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE DL SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD-PARTIES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH DYSGRAPHIA LIFE.
15. Limitations of Liability; Waiver
IN NO EVENT SHALL THE DYSGRAPHIA LIFE PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE DYSGRAPHIA LIFE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DYSGRAPHIA LIFE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DYSGRAPHIA LIFE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DYSGRAPHIA LIFE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO DYSGRAPHIA LIFE IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE DYSGRAPHIA LIFE PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE DYSGRAPHIA LIFE PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE DYSGRAPHIA LIFE PARTIES, OR FOR THE DYSGRAPHIA LIFE PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH DYSGRAPHIA LIFE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE DYSGRAPHIA LIFE PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER DYSGRAPHIA LIFE CONTENT OWNED OR CONTROLLED BY THE DYSGRAPHIA LIFE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER DYSGRAPHIA LIFE CONTENT OWNED OR CONTROLLED BY THE DYSGRAPHIA LIFE PARTIES.
17. Copyright Infringement
a) Notice and Takedown Procedure
Dysgraphia Life responds to valid notices of copyright infringement that adheres to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide Dysgraphia Life’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).
Upon receipt of a valid notice, Dysgraphia Life will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Section 512(g) of the DMCA.
A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
A description of the copyrighted work that you claim has been infringed upon and the location of the original content (including the URL and title);
Your name, address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Be aware that a notice must contain all six points for Dysgraphia Life to take action. All other notices will be ignored.
b) Designated Agent
Dysgraphia Life’s Designated Agent can be can be contacted at:
DMCA Designated Agent
Dysgraphia Life Benefit Corporation
PO Box 8038, Vienna VA 22183
c) Counter-Notification Procedure
The provider of the allegedly infringing content may make a counter-notification pursuant to section 512(g) of the DMCA. To file a counter-notification with Dysgraphia Life please provide Dysgraphia Life’s Designated Agent (listed above) with the following information (preferably via email):
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
Your name, address, telephone number and email;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.
Upon receipt of a counter-notification containing all five points, Dysgraphia Life will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that Dysgraphia Life will replace the removed material or cease disabling access to it in 10 business days.
Finally, if Dysgraphia Life’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then Dysgraphia Life will once again remove the file from its system.
d) Repeat Infringers
In accordance with Section 512(i)(1)(A) of the DMCA, Dysgraphia Life will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers.
e) Fair Use Notice
The DL Services may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of dysgraphia. It is believed that this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
This Agreement may not be assigned by you to any other party without Dysgraphia Life’s prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.
19. Term and Termination
This Section does not apply to the Consent to Communications (Section 3) and the Dispute Resolution and Arbitration (Section 4) provisions of this Agreement, which are only binding on you if you have provided your Express Written Consent (as defined above) to this Agreement.
In addition to any other method of termination, suspension, or survival provided for in this Agreement, Dysgraphia Life reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Dysgraphia Life shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Dysgraphia Life of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Dysgraphia Life may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement
20. Governing Law
Our Website (excluding any linked websites) are controlled by Us from Our offices within the Commonwealth of Virginia, United States of America. Our Website can be accessed from all fifty (50) states, as well as from other jurisdictions and countries around the world. As each of these places has laws that may differ from those of Virginia, by using Our Website both parties agree that the statutes and laws of the Commonwealth of Virginia, without regard to Virginia’s conflicts of laws principles, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the website and the purchase of DL Services available through the website. The parties agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Commonwealth of Virginia with respect to such matters.
21. Entire Agreement
22. Updates to this Agreement
THIS AGREEMENT MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES THE WEBSITE, THE NEW TERMS WILL GOVERN. To remain in compliance, Dysgraphia Life suggests that you review this Agreement, as well as the other website policies, at regular intervals. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Agreement.
If you have any questions about this Agreement, please do not hesitate to contact us.
Email us at: email@example.com
Call us toll-free: 844-964-0104