Terms of Service
TERMS OF SERVICE
Effective October 12, 2019
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Website. The Website is available only to individuals who are at least thirteen (13) years old. By agreeing to this Agreement, you certify that you are at least thirteen (13) years of age.
The Service We Provide
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.
Use of our Communication Services
The Dysgraphia Life Website may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular Communication Service. You agree to adhere to this Agreement when using the Communication Services.
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
Advocates illegal activity or discusses an intent to commit an illegal act;
Is vulgar, obscene, pornographic, or indecent;
Does not pertain directly to this site;
Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
Violates any law or may be considered to violate any law;
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
Solicits funds, advertisers or sponsors;
Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Dysgraphia Life reserves the right to monitor use of this site to determine compliance with this Agreement, as well as the right to remove or refuse any information for any reason. Dysgraphia Life also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Dysgraphia Life also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials uploaded to any Communication Services may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Dysgraphia Life nor any third party that provides Content to Dysgraphia Life will assume or have any liability for any action or inaction by Dysgraphia Life or such third party with respect to any submission.
Finally, by using our Communication Services, you agree that
Content posted by users of this site does not necessarily reflect the opinions of Dysgraphia Life or its employees. Dysgraphia Life: (a) does not represent or warrant the accuracy of any statements posted by users; (b) is not responsible for any user content on this site, and (c) does not endorse any opinions expressed by users on this site; and
You are at least thirteen (13) years old.
Dysgraphia Life may open and maintain publicly facing Communication Services for creating, generating, displaying, disseminating, and viewing content including but not limited to videos, songs, written posts, descriptions, ideas and recitations about experiences with dysgraphia (including but not limited to success stories), subject to your obligations in this Agreement (each, “Content”).
Unless you and Dysgraphia Life enter into a separate written contract for use of your Content that states otherwise, you hereby grant to Dysgraphia Life the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information communicated to Dysgraphia Life through Communication Services (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
You agree that any Submission may be publicly available. You also agree that Dysgraphia Life will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Dysgraphia Life operations. You agree not to submit any Protected Health Information (“PHI”) or Electronic Protected Health Information (“EPHI”) about Yourself or any other individual, as that term is defined in 45 CFR § 160.103, as may be amended from time to time.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by Dysgraphia Life. Dysgraphia Life has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Dysgraphia Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Your Termination Rights
Termination Rights Retained by Us
Dysgraphia Life reserves the right, in its sole discretion, at any time, without notice and for any reason, to:
Monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue or request to discontinue your access to this Website;
Remove, delete, block, filter or restrict, by any mean, any materials you post; and
You agree that in the event that Dysgraphia Life exercises any of its rights hereunder for any reason, Dysgraphia Life will have no liability to you.
Trademarks and Copyrights
If you use content covered by intellectual property rights that is owned or registered for Dysgraphia Life and make available in our Website or Communication Services (including, but not limited to images, designs, videos, or sounds we provide that you add to your Content on the Website), we retain all rights to that content. You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written consent. You must obtain our written consent to modify, create derivative works of, decompile, or otherwise attempt to intellectual property belonging to Dysgraphia Life.
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.
Dysgraphia Life’s Designated Agent can be can be contacted at:
DMCA Designated Agent
Dysgraphia Life Benefit Corporation
PO Box 8038, Vienna VA 22183
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.
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.
Fair Use Notice
The Website 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.
Security and Password
You are solely responsible for maintaining the confidentiality of Your password and account, if any, and for any and all statements made and acts or omissions that occur through the use of Your password and/or account. Therefore, You must take steps to ensure that others do not gain access to Your password and/or account. Our personnel will never ask You for Your password. You may not transfer or share Your account with anyone, and We reserve the right to immediately terminate Your account if You do transfer or share Your account. You may not create an account through any unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper (collectively, the “Unauthorized Means Provision”). You may not create an account for anyone other than Yourself.
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 State 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 Our Website and the purchase of products and/or services available through Our Website. The parties agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Virginia with respect to such matters.
The views and opinions expressed through the Communication Services are those of the author(s) alone and do not necessarily reflect the official policy or position of Dysgraphia Life or any affiliated entity. Dysgraphia Life does not in any way endorse or recommend individuals, products or services that may be discussed using the Communication Services on this site.
PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN THE COMMUNICATION SERVICES MAY BE INACCURATE, MISLEADING, DANGEROUS, ADDICTIVE, UNETHICAL OR ILLEGAL. Some information on the Website may create an unreasonable risk for readers who choose to apply or use the information in their own activities or to promote the information for use by third parties.
None of the authors, contributors, administrators, or anyone else connected with Dysgraphia Life, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.
Dysgraphia Life cautions you against giving out any personally identifying information about Yourself in any Communication Service. Dysgraphia Life does not control or endorse the content, messages or information found in any Communication Services and, consequently, Dysgraphia Life specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON‑INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES AND/OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES AND/OR INFORMATION PURCHASED OR OBTAINED BY YOU USING OUR WEBSITE FROM US AND/OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. OUR WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND/OR SERVICES AVAILABLE ON OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS AND/OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE AND/OR ANY OTHER MOBILE DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through Your use of Our Website, You may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise and/or services offered by any third party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS WITH third parties EXECUTED THROUGH OR IN CONNECTION WITH OUR WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH Our Website FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through Our Website may represent the opinions and judgments of an information provider, website user or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy and/or reliability of, any opinion, advice or statement made by anyone other than an authorized spokesperson of Ours speaking in such authorized spokesperson’s official capacity.
You understand and agree that temporary interruptions of Our Website may occur as normal events. You further understand and agree that We have no control over third party networks that You may access in the course of Your use of Our Website, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the services on Our Website are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Dysgraphia Life is not responsible for material posted to the Communication Services and does not guarantee the content, accuracy, or use of the content in this site. Dysgraphia Life specifically disclaims all liability for claims or damages that may result from any posting on this site. In no event shall Dysgraphia Life be liable to you or anyone else for any decision made or action taken by you in reliance on information on this site.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00) OR (II) THE AMOUNT THAT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH Our Website OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH Our Website, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTIONS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION OR ADVERTISING OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Dysgraphia Life and its officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) arising out of, based upon, as a result of, or in any way connected with, your use of Our Website, including but not limited to your posting of any content to a Communication Service, and any third party claims of infringement or any breach of this Agreement. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with Us in asserting any available defenses.
Security and Password
You are solely responsible for maintaining the confidentiality of Your password and account, if any, and for any and all statements made and acts or omissions that occur through the use of Your password and/or account on the Website. Therefore, You must take steps to ensure that others do not gain access to Your password and/or account. Our personnel will never ask You for Your password. You may not transfer or share Your account with anyone, and Dysgraphia Life reserves the right to immediately terminate Your account if You do transfer or share Your account. You may not create an account through any unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You may not create an account for anyone other than Yourself.
In any action to enforce this Terms of Service Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by You against Us or Our Affiliates must be instituted within one (1) year after such cause of action arises or be deemed forever waived and barred.
You may not assign Your rights and/or obligations under this Terms of Service Agreement to any party, and any purported attempt to do so will be null and void. We may freely assign Our rights and/or obligations under this Terms of Service Agreement.
You agree not to sell, resell, reproduce, duplicate, copy and/or use for any commercial purposes any portion of Our Website, or use of or access to Our Website.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and/or services available through Our Website arising from any event that is beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation and other causes or events beyond Our reasonable control, whether or not similar to those that are enumerated above.
If any part of this Terms of Service Agreement is held to be invalid or unenforceable, then such portion of this Terms of Service Agreement shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of this Terms of Service Agreement shall remain in full force and effect.
Any failure by Us to enforce or exercise any provision of this Terms of Service Agreement or related rights shall not constitute a waiver of that right or provision.
ANY RIGHTS NOT EXPRESSLY GRANTED IN this Terms of Service Agreement ARE RESERVED BY US.
Updates to this Agreement
THESE TERMS 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