- We respect online privacy.
- We don’t sell your information.
- We are not part of an ad network.
- Only the teacher who created their account can see student data.
- Student users cannot send each other information.
- We do not collect personally identifiable information from student users beyond a username and password which you control.
Accessibyte.com is certified by the kidSAFE Seal Program. The kidSAFE Seal Program is an independent safety certification service and seal-of-approval program designed exclusively for children-friendly websites and technologies, including online game sites, educational services, virtual worlds, social networks, mobile apps, tablet devices, connected toys, and other similar online and interactive services. Click on the seal or go to www.kidsafeseal.com for more information.
Effective January 5th, 2020
The Sites are also governed by Our Terms of Service or “Terms”, which can found at the following link: https://www.accessibyte.com/terms
We respect Your privacy and the privacy of all users of Our Sites. Accordingly, We are committed to protecting personally identifiable information that may be accessed or submitted through the Sites; and we are particularly committed to protecting the privacy interests of minors (those under 18 years of age).
2. Information We May Collect
Our Sites typically collect two kinds of information about You: (a) information that You voluntarily provide which may personally identify You; and (b) general information relating to Your use of the Sites that does not personally identify You and that We automatically collect when You visit our Sites.
B. Non-Personal Information: Our definition of non-personal information includes any information that does not personally identify You (“Non-PII”). Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We may automatically collect certain Non-PII from you when you access our Sites. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Macintosh OS, etc.), the domain name of your Internet service provider (e.g., America Online, NetZero, etc.), the specific areas of the Site that you visit, the duration of your visit, and other general information.
3. How We May Collect and/or Use Information
A. Personally Identifiable Information: As noted above, You may be able to access or use certain areas of the Site without submitting any PII. However, if You (as an adult Site user) do provide Us with PII (e.g. by submitting a contact request, or registering on the Site) You agree that We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information about our products and services or those of our other affiliated companies (You can opt out at any time), or to communicate service notices to you about the Sites.
In certain instances We may share your PII with third party service partners which are under contract with Us and which perform Site-related functions on our behalf, e.g., vendors that provide Us with credit card processing services, assist us with customer service, etc.
B. Non-Personal Information: We use Non-PII in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your Non-PII by itself or aggregate it with information We have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify You.
C. IP Addresses: We may collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Site. IP addresses are considered non-personal information and may also be shared as provided above. We reserve the right to use IP addresses and any personally identifiable information to identify a visitor when We feel it is necessary to enforce compliance with our Terms of Service or to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Site, or other users; or (d) in an emergency to protect the health and safety of our Site’ users or the general public.
We may use the following types of cookies on the Site:
- “Necessary” cookies, which have to be set to allow Us to deliver to You specific Site services that you request from us (e.g. services where registration is required, payment processing services).
- “Analytics” cookies (e.g. Google analytics cookies), which help us to determine the popularity and usage patterns of our web pages by collecting information about how visitors use our Site. Performance or analytics cookies cannot be used to identify you personally. These cookies are not part of Google AdSense or any other ad network.
- “Convenience” cookies, which allow our Site to remember your choices or preferences, such as information on online forms or previous orders. These cookies allow Us to offer you a personalized experience while using the Site.
You can change your Internet browser’s preferences (whether PC or mobile device) to disable or delete cookies, although that may affect certain functions on this site. To learn how to manage your cookies, please follow the instructions from your specific browser.
E. Flash Cookies: We may use Flash cookies to store Your preferences (e.g. volume control) or to display content based upon what You view on our site to personalize Your visit. Flash cookies are different from browser cookies because of the type and manner in which data is stored. Cookie management tools provided by your browser will not remove Flash cookies.
F. Email Communications: If You send Us an email with questions or comments, We may use Your PII to respond to Your questions or comments, and We may save your questions or comments, solely for future reference as we improve the Sites. For security reasons, We do not recommend that You send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. However, aside from Our reply to such an email, we will not send You email unless: (1) you request a particular service or sign up for a feature that involves email communications, (2) We are sending you information about our Services (You can opt out at any time), and/or (3) You consented to being contacted by email for a particular purpose.
G. Transfer of Assets: As We continue to develop our business, We may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the PII and Non-PII We have about You will be transferred to and used by this acquiring entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of Ours and as such may be sold or transferred to third parties.
H. Children, Parental Consent, and Privacy: The Sites are not directed toward minors under age 18. We do not knowingly collect information from anyone under age 18. If We find out that We have collected information from a minor under age 18, We will delete that information immediately.
I. Social Media Links: As a convenience, the Sites may integrate with social media services (e.g. Facebook) using features or tools which let you voluntarily share Your activities or opinions related to the Services on such social media services. These features and/or tools may enable the sharing of information with the public, depending on the settings you establish with the social media service provider. These features/tools may collect your IP address and a record of the page(s) You visit, and may also attempt to install a cookie (see 3.D, above) or similar file. You are solely responsible for Your use of social media services.
J. Do Not Track: The Site itself may not respond to web browser-based “do not track” signals.
K. Other: Notwithstanding anything herein to the contrary, We reserve the right to disclose any PII or Non-PII about You if We are required to do so by law, with respect to copyright or other intellectual property infringement claims, or if We believe that such action is necessary to: (1) fulfill a government request; (2) conform with the requirements of the law or legal process; (3) protect or defend our legal rights or property, our Sites, or other users; or (4) in an emergency to protect the health and safety of our Sites’ users or the general public.
4. Your Rights and Choices
C. Data storage and account termination: If you wish to have your data permanently removed from our server, you can contact firstname.lastname@example.org to request removal. If you wish to have your subscription ended before the established expiration date you may contact email@example.com and the subscription will be cancelled.
5. Information Security
We have implemented security measures that We consider to be reasonable and appropriate to protect against the loss, misuse and/or alteration of the information under Our control. Such measures generally include access limitations, data encryption, and other security features. Please be advised, however, that We cannot guarantee or warrant the security of any information you disclose or transmit to Us and/or to the Sites online, and We are not responsible for the theft, destruction, or inadvertent disclosure of your PII or Non PII in any circumstances. Please contact us for details regarding our security practices.
6. Third Party Sites
We are not responsible for the privacy practices and/or security practices employed by any third party website or service, including but not limited to any such sites or services that may be linked to or referred to in any way on the Sites.
7. Contact Information
We will respond to Your request and, if applicable and appropriate, make the requested changes as soon as reasonably practicable. Please note that We may not be able to fulfill certain requests while allowing you access to certain benefits, features and services offered on or through our Sites.
Terms of Service of Accessibyte.com
Effective April 2nd, 2019
Welcome, and thank you for visiting Accessibyte.com!
Accessibyte LLC has designed the Sites and the Products (as those terms are defined below) to provide parents, educators and other adults with educational tools that are fun, funky and fully accessible to visually-impaired students of all ages. Our products include downloadable software, subscription-based (online) apps, online teacher resources, and other resources.
Our product catalog is always growing, so please check back frequently. And if you have suggestions for how we can improve our service, please let us know!
II. These Terms of Service
These Terms of Service (“Terms”) are designed to help you understand the conditions on which We (Accessibyte LLC) make our Sites and Products available to you, and to help you understand Your obligations as You use the Sites.
As such, please understand the following:
III. Additions and Changes to These Terms
- Scope of These Terms
These Terms apply to, and govern: (1) all of Accessibyte.com’s websites and content pages (collectively the “Site” or “Sites”), (2) all associated web and/or mobile applications, (3) all license-based, downloadable software applications, and (4) all subscription-based (online) services. And for clarity: Collectively, Our applications and services are referred to in these Terms as Our “Products”.
2. These Terms May be Amended
3. Additional Terms May be Found on the Site
Your use of the Sites may also be subject to other terms and conditions that are found on the Sites themselves, such as; notices, business terms, policies, charges, registration requirements, etc. All such terms will be considered (and are) additional Terms, and it is your responsibility to review and understand them.
IV. Rules of Conduct for Site Users
- General and Specific Rules of Conduct
Generally, You promise that You: (a) will not to use the Sites for any purpose that is prohibited by these Terms; (b) will use the Sites in a manner that complies with all laws and export restrictions; and (c) will use the Sites only as they are designed and intended to be used (and if you have any questions about Our intentions with regard to the Sites You agree to contact Us for clarification).
More specifically, You agree that you will not:
A. Use the Sites, or any information gained from the Sites, to: generate or facilitate unsolicited commercial email or other messages to Site users or other third parties (hereafter “Spam“); engage in peer-to-peer sharing; or use manual or automated software, devices, or other processes to “crawl” or otherwise harvest information from any page of the Sites;
B. Transmit, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable Content in any way (as determined in Our sole discretion); or transmit, upload, distribute or disseminate Content that may be harmful or offensive to, or inappropriate for, minors (as determined in Our sole discretion);
C. Intentionally or recklessly distribute viruses, worms, Trojan horses, or any other malicious code or items of a destructive, deceptive or invasive nature;
D. Transmit, upload, distribute or disseminate any protected healthcare information applicable to You or any third party;
E. Impersonate another person or company, or otherwise misrepresent yourself or your company/entity in any way;
F. Upload, transmit or otherwise use a third party’s intellectual property or other proprietary information in or on the Sites without the express permission from the appropriate third party (owner, licensor, etc.);
G. Use the Sites to violate the privacy, publicity, or similar legal rights of others; and/or use the Sites to harass, defame, libel or otherwise harm others;
H. Interfere with other users’ enjoyment of the Site;
I. Link to, copy information from, resell or otherwise exploit the Sites or any of Our or any third party’s content for any unauthorized commercial purpose;
J. Attempt to gain unauthorized access to the Sites (or any part of the Sites to which access is restricted or limited in any way) or other accounts; and/or take any action to subvert security or access-restriction measures that are incorporated into the Sites; or take any action detrimental to the functioning of the Sites;
K. Directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent applicable laws may specifically prohibit or limit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Sites; or (iii) copy, rent, lease, distribute, or otherwise transfer or misappropriate any of Our content, third party content, intellectual property rights, or features of the Sites;
L. Remove or modify any of Our logos; or any copyright, trademark, or other proprietary rights notices contained in or on the Site; or
M. Take any other action that is detrimental to the best interests of Our company, the Sites, Site users, or the public.
V. Additional Rules of Conduct – Posting of Content
(1) Submission of Content
The Sites may provide You and others with the ability to add, create, upload, submit, and/or post various kinds of Content. In connection with such Content, and in addition to the other obligations set forth in these Terms, You agree that You will not (and You will not permit any third party to) upload, download, transmit, post, submit or otherwise disseminate or facilitate the dissemination of any Content that:
A. is false, misleading, untruthful or inaccurate;
B. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or
C. Identifies a minor (someone under the age of 18) by name or otherwise provides or includes any personally identifiable information about a minor, unless You have the legal right to do so (and in such instance, if You do upload such information, You accept full responsibility for understanding these Terms and complying with all laws).
We do not guarantee that any Content will be made available on the Sites, or that Content will be retained on the Sites. We do not (and have no obligation to) monitor the Sites or any Content submitted to the Sites by You or content submitted by other Site users. We will not be liable in any way to You or any other Site user for lost Content or lost third-party content, or loss of other data of any kind.
We reserve the right to remove, edit or modify any Content or other materials on the Sites at any time, temporarily or permanently, without notice to You or other users, for any reason in Our sole discretion (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if We are concerned that You may have violated these Terms).
(2) Student Education Records and Student Information
The Site, and/or the services available on the Site, may allow You to submit various kinds of information as part of the use of Products for educational purposes. In connection therewith, You acknowledge and agree that You are solely responsible for complying with all laws that regulate the sharing and/or use of student education records and student personal information, including but not limited to FERPA (the Federal Educational Rights and Privacy Act of 1974).
(3) Digital Millennium Copyright Act (“DMCA”)
If you are a copyright owner, or are an agent thereof, and you believe that certain content hosted on the Sites infringes on your copyright interests, you may submit a notice thereof pursuant to the Digital Millennium Copyright Act (“DMCA”) to Us by providing Us with the information listed below. Following receipt of a full and complete notice, We will take whatever action(s) we deem appropriate (in our sole discretion), which may include removing the subject material from the Site.
To provide full notice to Us please provide the following, in writing:
A. Please identify the owner of the copyright that is alleged to be infringed, and please provide a name and physical or electronic signature of the copyright owner or of a person authorized to act on behalf of such owner;
B. Please identify the copyrighted work that you claim has been infringed (images, screenshots, etc. may be acceptable, in conjunction with a written description or web link, as may be applicable), a clear description of the location on the Sites of the allegedly infringing material, and a clear description of how you believe that your copyrighted material has been infringed;
C. Please provide us with adequate contact information so that We will be able to contact you regarding your notice;
D. Please provide a written statement to the effect that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
E. Please provide a written statement to the effect that the information in your notification is accurate, and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of the right that is allegedly infringed.
Notice under this section should be delivered to:
PO Box 633
Forest Park, IL 60130
VI. Additional Terms – Registration
(2) Registration Information
You agree and warrant that the registration information that you provide to Us at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You agree to accept responsibility for all activities that occur under your account. When you register, You will be asked to create a password. You are solely responsible for maintaining the confidentiality of Your account information and Your password, and for restricting access to your computer and other equipment.
Note: The Site(s) are directed at parents, educators, and other adults. Adult individuals who purchase a Product may be able to create an account for a minor (any individual under 18). However, if You are an adult and You create an account for a minor, please do not include any personally identifiable information about such minor. In particular, do not include any full names, ages, images, email addresses used by such minor, or any other potentially identifying information. If you have any concerns or questions about this section, please contact us immediately.
A. You agree that We may freeze or terminate Your registration and Your access to all or any part(s) of the Sites (including Services) at any time, with or without notice, and with immediate effect, in the event of any breach by You of any of the Terms or if we believe such action(s) by Us are in the best interests of the Sites or the public, as determined in Our sole discretion. Such action may result in the forfeiture and destruction of all information associated with Your registration and/or Your account.
B. In the event of any termination of any kind, all fees paid prior to such termination are non-refundable.
C. You may terminate your account at any time by following the instructions on the Sites. You may terminate these Terms at any time by canceling your registration on the Sites and discontinuing your use of the Site. However, all provisions of these Terms which by their nature should survive termination, shall survive termination; including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If You have any questions about this section or need help administering Your account, please contact Us at the contact information provided in these Terms.
VII. General Conditions Governing Your Usage of the Site
(1) Eligibility/Use Limitations
You may not use the Sites if you have been barred from doing so by Us, or are otherwise barred from using the Sites under the laws (including treaties) of the US or of any other nation or jurisdiction.
B. Individuals – Age Requirements
You must be 18 years of age or older to purchase any Products via the Sites. You must be 18 years of age or older the create an account of any kind on the Sites.
In addition, the Sites (including subscription services) are available for use only by individuals who are at least 18 years old, or individuals who are under 18 years old but who have been granted access by an adult in compliance with these Terms.
By accessing the Sites:
(i). If You are an individual 18 or older, You represent and warrant that You are of legal age to form a binding contract, and that all of the registration and payment information that You submit is accurate, current and truthful;
(ii). If you are an individua younger than 18, You must have the consent of your parent or legal guardian, and You must have your parent’s or legal guardian’s permission to use the Sites and agree to these Terms.
C. Companies and Other Corporate Entities
If you are registering or using an account on behalf of a company, entity, or organization (a “Corporate Entity”), then you represent and warrant that you are an authorized representative of that Corporate Entity with the authority to bind such organization to these Terms; and You agree to be bound by these Terms on behalf of such Corporate Entity.
D. Geographic Limits
Access to and use of the Sites is limited to the United States and Canada. Accessing the Sites is prohibited from territories where the Sites are illegal. If You access the Sites from locations outside of the United States, You do so at Your own initiative and risk and are responsible for all aspects of compliance with applicable local an regional laws.
(2) Right to Suspend, Refuse, Cancel, Modify, or Limit Your Use of the Site:
You agree that We may, in Our sole discretion, change, suspend, or discontinue the Sites as a whole (including without limitation, the availability of any feature or Content) or any portion thereof at any time by posting a notice on the Sites.
In addition, You agree that We may refuse to provide You with access to the Sites (in whole or in part), and we may cancel any registration or subscription (if applicable) of Yours in the event of any breach by You of any of the Terms or if we believe such action(s) by Us are in the best interests of the Sites or the public, as determined in Our sole discretion. In addition, We may change our eligibility criteria at any time. These provisions are void if prohibited by law, and in such circumstances, Your ability to use the Sites is revoked in such jurisdictions.
(3) Passwords, Security
If the Sites require or allow the creation of an account using password-based security, You are responsible for the security of Your passwords and other information, and for any use of Your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Us immediately at the contact information provided in these Terms.
We have implemented security measures that We consider to be reasonable and appropriate to protect against the loss, misuse and alteration of the information under Our control. Please be advised, however, that We cannot (and do not) guarantee or warrant the security of any information you disclose or transmit to Us online, and We are not responsible for the theft, destruction, or inadvertent disclosure of Your information. If You feel that the security features of the Sites are not adequate for Your purposes, You agree to cease all use of the Sites.
If You need help resetting Your password, or otherwise need assistance in administering Your account, please contact Us at the contact information provided in these Terms.
(4) Links, Third Party Products and Service Partners
A. Links. The Sites may contain links to third-party websites or resources on the Internet, and in addition, third-party websites may contain links to the Sites. When You access third party websites, You do so at Your own risk. Third party websites are not under Our control, We have no obligation to monitor third party websites, and You acknowledge and agree that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party websites or resources. The inclusion of any link to a third-party website on the Sites does not imply any endorsement of that website by Us or any association with its operators. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any harm, damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any content, goods or services available on or through any such third party website or resource. YOUR ACCESS AND USE OF LINKED SITES AND THIRD-PARTY RESOURCES IN GENERAL IS SOLELY AT YOUR OWN RISK.
B. Service Partners. We may, from time to time, contract with third parties to provide a portion of the services associated with the payments, hosting, administration and/or other service features (e.g. payment processing) of the Sites (hereafter “Service Partners”). You are responsible for ensuring that You comply with the terms of service (or equivalent agreement) of each Service Partner if You use applicable Service Partner services via a separate website or mobile site, and You will indemnify, defend, and hold Us harmless from any breach of such agreement.
(5) Notices, Contact Information
A. Notice to Us: You can contact Us at the following:
PO Box 633
Forest Park, IL 60130
B. Notice to You:
(i). If you have registered with the Sites and We need to contact You directly for any reason, We will do so via the email address that you provided during the registration process. Such notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
(ii). By using the Sites, and by providing Us with contact information, You consent to receive reasonable communications from Us electronically. Such communications may include, but will not be limited to, general notices, notice of changes to these Terms, legally required disclosures or other information in connection with the Sites (collectively, “Service Notices“).
(iii). We may also provide electronic Service Notices by posting them on the Sites, and You consent to such notice. You also agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If You desire to withdraw Your consent to receive Service Notices electronically, You must discontinue Your use of the Sites.
VIII. Ownership and Proprietary Rights
(1) We Retain Ownership of the Sites, and of Our Products, Property and Content
You agree that the Sites contain content and proprietary materials created and/or owned by Us or our partners; that such content is protected under the laws of the Unites States and other countries, international conventions, and other relevant intellectual property and proprietary rights laws; and that such protections may include copyright, trademark, service mark, patent, trade secret and/or trade dress, and/or other proprietary rights. You shall abide by and maintain all copyright, trademark and other proprietary rights notices, information, and restrictions contained in any content accessed through the Site. You acknowledge and agree that, except as specifically noted to the contrary in these Terms, Our proprietary materials include, and we own all legal right, title and interest in and to: (a) the Sites and all of Our content (including intellectual property rights of all kinds) that is incorporated into the Sites, and (b) all materials that may be used to provide Enhanced Services, whether such rights are registered or not, and wherever in the world those rights may exist. We retain all rights except those rights expressly granted to You by these Terms.
(2) Grant of Limited License to Sites (for Site Use)
Subject to these Terms, We grant to You a limited, non-exclusive, non-sublicensable and non-transferable license to use the Sites and Our content, solely for personal (or authorized entity) use in conjunction with Your use of the Site. Unauthorized use, reproduction, modification, distribution or storage of any of Our content or third-party content for other than personal, non-commercial use of the Sites is expressly prohibited. Use of the Sites in any way that is contrary to these Terms is prohibited.
(3) Additional Terms Relating to Your Use of Software and/or Services
A. Licenses and Subscriptions, Generally:
The Sites may allow You to download certain software products that are owned or licensed by Us (“Software”); and the Sites may allow You to purchase a subscription to access or use certain SaaS-based Services (“Services”) owned by Us, in exchange for certain payments. The amount of the payments, the payment structure (e.g. lump sum, subscription plan, etc.) and other relevant details (e.g. subscription periods) are detailed on the Sites.
B. Subscription Terms – Services:
If You elect to purchase a subscription for Services, then the date upon which You complete Your registration on the Sites and We receive Your initial payment will be the effective date (the “Effective Date“) of Your subscription; and the date on which Your subscription ends will be last day of the subscription period as indicated on the Sites. Following the end of any subscription period You agree that we may terminate all applicable services as provided in these Terms, and that we may delete your account(s) and all account-related information. We will have no obligation to archive, retrieve or transmit any Site or account-related information to You.
C. License Terms – Software:
In exchange for the payment of required fees, as set forth on the Site(s), We will and hereby do grant You a fully-paid, royalty-free, non-exclusive individual license to use the applicable Software products, subject to the terms and restrictions in these Terms, for the purposes defined in these Terms and the Sites. No other use is licensed or authorized.
D. General Restrictions (Software and Services):
You agree not to use any Services or Software (or any part thereof) in any way or for any purpose except for those uses that are expressly authorized by these Terms. Without limiting the foregoing, You will not: (1) modify the Software or create any derivative products of the Software except with Our prior written consent, provided that the foregoing shall not be construed to prohibit You from configuring and/or adding content to the Software to the extent permitted by its standard user interface, or (2) sublicense, assign, sell, resell, lease or otherwise transfer or convey, or pledge as security or otherwise encumber, Your rights under these Terms other than as expressly provided for herein. You will not obscure, remove or alter any of the trademarks, trade names, logos, patent, trademark, or copyright notices or markings to the from the Software, nor will You add any other notices or markings to the Software or any portion thereof except as may be permitted by the standard user interface for such Software.
E. Feedback and Future Development:
If you provide Us with any suggestions or feedback (including but not limited to suggestions for improvements to the Sites, hereafter “Feedback”), You hereby grant Us a fully-paid, royalty-free, perpetual, irrevocable, nonexclusive license to use and/or exploit such Feedback in any way, including but not limited to by incorporating such Feedback into the Sites.
IX. Liability Provisions, Dispute Resolution
(1) Warranties and Representations by Us
We make the Sites available to You – and to the public in general – on a limited basis. You agree that We have no special relationship with, or fiduciary duty to, You. You acknowledge that We have no control over, and no duty to take any action regarding: (i) which individuals, companies or other entities gain access to or use the Sites; (ii) the content that You may access or view via the Sites; (iii) the effects that that content may have on You; (iv) how You or other individuals may interpret or use the content; or (v) the actions You or other individuals or entities may take as a result of having been exposed to the content. We make no representations concerning any content or third-party materials of any kind contained in or accessed through the Sites, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of content or other third-party materials contained in or accessed through the Site.
THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND EXCETP AS SET FORTH ABOVE THE SITES AND ALL PRODUCTS ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY CONTENT, SERVICE OR SOFTWARE AVAILABLE AT OR THROUGH THE SITES IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (D) THE RESULTS OF USING THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR DATA, AND/OR FOR THE LOSS OF ANY THIRD-PARTY CONTENT OR DATA.
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT OUR LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER SUCH APPLICABLE LAW.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other user content stored on Our equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site.
(2) Warranties and Representations by You
You agree to defend, indemnify, and hold harmless Us, Our affiliates and each of Our employees, agents, members, partners, contractors, directors, suppliers and representatives, from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use, misuse, or access to, the Site, Your Content, Your violation of any of the Terms, or infringement by You or any third party using Your account of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You pursuant to this section, in which event You will assist and cooperate with Us in asserting any available defenses and will remain financially responsible for such liability.
(3) Waiver, Release
As a condition of the use of the Sites, You, to the fullest extent permitted by law, hereby waive and release all claims of any kind against Us, Our parent companies, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, for any claims, actions, suits, procedures, costs, expenses, damages and liabilities of any kind that may arise out of or in any way are related to Your use of the Sites.
Further, YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (or any statute of like effect in the jurisdiction in which you are located). This waiver extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that You do not anticipate, know, or suspect to exist at the time that You use the Sites but that may develop, accrue, or be discovered in the future.
You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.
(4) Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY DAMAGES OF ANY KIND CAUSED BY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) IN ANY CIRCUMSTANCE (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU); OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY YOU AND/OR ANY PERSON CLAIMING BY OR THROUGH YOU.
THE LIMITATIONS ON OUR LIABILITY TO YOU AS SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
(5) Statute of Limitations
UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(6) Dispute Resolution, Arbitration
If you have any concerns, questions or issue regarding the Site, You agree to notify Us of such concern, question or issue before taking any other action of any kind. You can contact us for this purpose at the contact information provided with these Terms.
It is Our hope that any issues and/or concerns with the Sites can be quickly and amicably resolved. However, should the matter remain unresolved, then, at Our election in Our sole and absolute discretion, such matter shall be subject to binding arbitration before the American Arbitration Association, with proceedings to be conducted in Cook County, IL. The subject matter before the arbitration tribunal may include claims for monetary damages, and equitable and injunctive relief. The arbitration tribunal shall consist of one arbitrator, the decision or award of whom shall be final and binding and upon which judgment may be entered in any competent court, expressly including such sitting in the state and county of Cook County, Illinois.
(7) Choice of Law
These Terms shall be governed in all respects by the laws of the State of Illinois, without regard to such state’s conflict of law provisions. You agree that any claim or dispute you may have against Us must be resolved by a court located in Cook county, Illinois except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Cook county, Illinois for the purpose of litigating any such claims or disputes.
X. Payments and Charges
(1) Payment Processing:
(2) Your Agreement re Payment Processing:
If you use a credit card (and/or a non-credit card based payment method (e.g. Paypal), if allowed by the Sites) to make a payment on the Sites, You understand and agree that We (and/or our third party service provider, as applicable) may process charges for the transactions initiated by You in accordance with the fees and rates set forth on the Sites.
(3) Additional Obligations/Restrictions:
A. You will indemnify, defend, and hold Us harmless from: (i) any breach by You of any credit or debit card processing and/or issuing agreement, and/or any violation of applicable law by You; and (ii) any breach by You of any agreement with an alternative payment service provider (e.g. Paypal).
B. You may not share accounts, and may not create multiple user accounts or multiple user connections to the Sites in order to evade an obligation to pay service fees or other charges.
C. For all purchased resources and services, we will charge You in the manner and/or amounts indicated on the Sites or as otherwise expressly agreed by Us in writing. If for any reason Your payments are late, such payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until paid. All charges are exclusive of taxes. If Your payments are late we reserve the right to suspend or cancel Your transactions and related Site privileges.
D. You are responsible for paying all taxes and government charges applicable to payments You make in conjunction with the Site. And You are responsible for paying reasonable expenses and attorney’s fees that We incur collecting late payments from You. To the fullest extent permitted by law, and notwithstanding anything to the contrary in these Terms, you waive all claims relating to Site-related charges unless claimed within 60 days after the due date of the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at Our discretion and will be provided only in the form of credit for the Sites unless otherwise agreed in Our discretion. Nothing in these Terms obligates Us to extend credit to any party.
E. You acknowledge and agree that any credit card information, other payment service information, and/or related billing and payment information that you provide may be shared by Us with third party service providers such as payment processors and/or credit agencies, solely for the purposes of checking credit, processing payments and otherwise servicing your account. You agree that we may convey such information as we have access to in response to valid legal process (such as subpoenas and court orders), or to establish or exercise Our legal rights. We will not be liable for any use or disclosure of such information by such third parties.
Xi. General Provisions
(1) Integration and Severability
The agreement between You and Us with respect to the Sites, as reflected in these Terms, supersedes all other prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(2) Additional Terms
We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ‘line-noise’ interference). The Terms are personal to You and are not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without Your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given: (a) when received (if personally delivered) or sent by certified or registered mail, return receipt requested; (b) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (c) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. No action by any third party or any statement by any person other than the Our chief executive or managing partner shall operate to amend these Terms. To the extent there is an inconsistency between the Terms of Service and other terms or policies, these Terms of Service shall govern. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
(3) U.S. Government Users and U.S. Government Restricted Rights
Certain of the components that comprise the Site, and/or certain Software that may be available on the Site, may be “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire only those rights set forth herein in all such Site materials. Use, duplication, or disclosure of any Site materials by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
The following capitalized words will have the meanings assigned below. Other words will also be defined in other sections of these Terms.
(1) The terms “We,” “Us,” “Our,” “Ours” and equivalent terms refer to Accessibyte LLC, and all of such entity’s employees, officers, directors, agents and investors, as well as such entity’s parent and associated companies.
(2) The terms “You,” “Your,” “Yours,” and equivalent terms refer in each case to the individual (whether acting either individually or representing a corporate entity) who accesses or uses the Sites or any of the features of the Sites and has thereby accepted these Terms.
(3) The term “Content” shall refer to any and all user-generated materials or content of any kind that You post on and/or submit to the Sites. Content shall include, but not be limited to, text, comments, posts, images, video, audio files, links, data, code, graphics and other forms of media, and shall include all personally identifiable information.