LEGAL
Wheelchair
LIFE
Wheelchar LIFE
Terms Of Service Agreement
ACCEPTANCE OF TERMS
Wheelchair LIFE welcomes you. Wheelchair Life, Inc., operating websites: http://www.wheelchairlife.net, http://www.wheelchairlife.org, and http://www.wheelchairlife.com, (hereafter "Wheelchair LIFE"), provides the information, links, ideas, thoughts, and visual images found on its pages and sub-pages ("Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by Wheelchair LIFE from time to time without notice to you. This TOS constitutes a contract of adhesion, the terms of which you accept in full, as a condition of utilizing Wheelchair LIFE, and its services and benefits. By using the Service in any way, you are agreeing to comply with and are agreeing to the terms of the TOS. You can review the current, most recent version of the TOS at any time at: http://www.wheelchairlife/tos.html. In addition, when using particular Wheelchair LIFE owned or operated services, you and Wheelchair LIFE shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
Wheelchair LIFE provides, or may provide, users with access to wheelchair-related resources, options, possibilities, and advice, including text, photos, links to websites, electronic message boards, virtual communities, question & answer/discussion forums, documents, laws, advertisements, retailers, contacts, tools, classified ads, tips, templates, patterns, etcetera, now known or hereafter developed (the "Service"). All content provided on or through the Service is for informational purposes only, and you agree that you will not rely on the content or information, and that you will conduct your own, independent research and investigation into matters raised on Wheelchair LIFE or through its Service.
You also understand and agree that the Service may include advertisements and that these advertisements may become necessary for Wheelchair LIFE to provide the Service. You also understand and agree that the Service may include certain communications from Wheelchair LIFE, such as service announcements, ads, or administrative messages and that these communications are considered part of Wheelchair LIFE membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Wheelchair LIFE properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Wheelchair LIFE assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, documents, representations, or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You also understand and agree that Wheelchair LIFE is under no obligation to continue to provide Service to you or to anyone. Many, if not all of the components of the Service are provided free-of-charge to some or all users. You agree that Wheelchair LIFE may determine at any time, in its sole discretion, to charge a fee or require remuneration of some type, to some or all of its users, for some or all of its services going forward in the future, again, at the sole discretion of Wheelchair LIFE. Wheelchair LIFE will have no obligation to continue to provide any service or services for free, or at any price, and your sole and complete recourse for any dissatisfaction in or with the Service is your immediate discontinuation of its usage.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wheelchair LIFE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Wheelchair LIFE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Wheelchair LIFE is concerned about the safety and privacy of all its users. Persons registering must be attorneys accredited through their respective state or federal bar and have good standing with them.
PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy, incorporated herein by reference. For more information, see our full privacy policy at http://www.wheelchairlife/privacypolicy.html. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information in the United States and other countries for storage, processing, and use by Wheelchair LIFE and its affiliates.
DISCLAIMERS
The Informational Purposes Disclaimer, Legal Disclaimer, and Medical Disclaimer ("Disclaimers") found at http://www.wheelchairlife.net/disclaimers.html are incorporated by reference into this TOS, and by using this Service, you warrant and agree that you have read and agree to those Disclaimers, and are bound thereby. You also agree that you have been provided sufficient opportunity to seek independent legal counsel and advice, or medical or other advice regarding the Disclaimers and this TOS, before proceeding with use of the Service and/or reliance on any of the information or Content obtained through Wheelchair LIFE or its service. You agree that your sole and complete recourse for any dissatisfaction in or with the Service is your immediate discontinuation of its usage.
USER ACCOUNT, PASSWORD AND SECURITY
At some point, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wheelchair LIFE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wheelchair LIFE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
USER CONDUCT
You understand that all information, data, electronic documents, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Wheelchair LIFE, are entirely responsible for all Content that you receive, upload, download, post, e-mail, transmit or otherwise make available via the Service. Wheelchair LIFE does not have any obligation to, and does not control the third-parties mentioned or for which links are provided, nor third-party Content posted or exchanged via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wheelchair LIFE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, nor for any loss or damage of any kind incurred as a result of the viewing, storage, transmission, or use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, (and/or tortuous), defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, real or fictional, including, but not limited to, an Wheelchair LIFE member, official or officer, nor falsely state or otherwise misrepresent your affiliation with a person or entity, real or fictional; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment or attorney-client relationships or under non-disclosure agreements); upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type or read, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge that Wheelchair LIFE may or may not pre-screen Content, but that Wheelchair LIFE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, save, or move any Content that is available via the Service. Without limiting the foregoing, Wheelchair LIFE and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable, inappropriate, outdated, or of poor quality, in the sole discretion of Wheelchair LIFE. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wheelchair LIFE or submitted to or through Wheelchair LIFE, including without limitation information in Wheelchair LIFE Pages, Sub-pages, Message or Bulletin Boards, Listservs, E-mails, Community forums, Document Bank, Classifieds, or other posting forums, and in all other parts of the Service.
You acknowledge, consent and agree that Wheelchair LIFE may disclose your screen-name, user-name, or moniker in relation to documents, text, or images you post. You also acknowledge, consent and agree that neither you nor your employee(s), employer(s), agents, clients, affiliates, partners, nor assigns has any cause of action against Wheelchair LIFE, its members, incorporators, contributors, employees, agents, clients, affiliates, partners, employees, assigns, nor its users, for: any claim or claims based on detrimental reliance, negligent or intentional infliction of emotional distress, harassment, discrimination, or contractual obligation other than set forth in this TOS; nor for any evaluations, assessments, grading, or rankings of your text posts and/or images or documents that you post.
You acknowledge, consent and agree that Wheelchair LIFE may access, preserve, and disclose your account information and Content for its commercial and marketing purposes, or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Wheelchair LIFE, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that e-mail is not a secure method of communication, that it may be copied and held by any computer through which it passes, and persons not participating in the communication may intercept the communication.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Wheelchair LIFE and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Wheelchair LIFE does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service (through Feedback or other means), you grant Wheelchair LIFE the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit through Feedback, or make available for inclusion on publicly accessible areas of the Wheelchair LIFE websites and/or Service , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting the Wheelchair LIFE Service and Content, and Wheelchair LIFE in general. This license exists only for as long as Wheelchair LIFE elects to continue to include such Content on the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible fee areas of the Service other than Wheelchair LIFE forums, you grant a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available, and all other purposes for which Wheelchair LIFE affirmatively deems advisable.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, a perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed is granted by you.
INDEMNITY
You agree to indemnify and hold Wheelchair LIFE, and its members, incorporators, contributors, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, and punitive or exemplary damages, made by any third-party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wheelchair LIFE I.D.), use of the Service, or access to the Service. Links, free of charge, however, are permitted and encouraged (see below).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Wheelchair LIFE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages or postings that may be sent from or received by an account on the Service, the maximum size of any e-mail message or posting that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Wheelchair LIFE servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Wheelchair LIFE has no responsibility or liability for the deletion or failure to store any messages, postings, and other communications or other Content maintained by or transmitted to the Service. You acknowledge that Wheelchair LIFE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wheelchair LIFE reserves the right to modify these general practices and limits from time to time.
WARNING
Electronic communications through this site and elsewhere may not be encrypted. You acknowledge that there is a risk that data, including e-mail, may be accessed by unauthorized third parties when communicated between you and us, and between you and other users. While this web site offers methods of communication for your sole convenience, we strongly recommend that all personal data and information be mailed or delivered by a secure carrier method.
MODIFICATIONS TO SERVICE
Wheelchair LIFE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wheelchair LIFE shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Wheelchair LIFE may, in its sole discretion and without prior notice, immediately terminate your Wheelchair LIFE account, any associated e-mail address or IP addresses, and access to the Service, with or without cause. Termination of your Wheelchair LIFE account includes: (a) removal of access to all offerings within the Service, including but not limited to E-mail, Calendars, Chat, Message Boards, Communities, and Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made at the sole discretion of Wheelchair LIFE, and that Wheelchair LIFE shall not be liable to you or any third-party for any termination of your account, any associated e-mail address, IP addresses, or access to the Service.
DEALINGS WITH ADVERTISERS, RETAILERS, AND PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, retailers, or other providers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, retailer, or provider. You agree that Wheelchair LIFE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, retailers, or providers found on or through the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wheelchair LIFE has little or no control over such sites and resources, you acknowledge and agree that Wheelchair LIFE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wheelchair 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 site or resource. All links provided on or through the Service are for informational purposes only, and you agree that you will not rely on the links, and that you will conduct your own, independent research and investigation into matters raised through links on Wheelchair LIFE or through its Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEELCHAIR LIFE EXPRESSLY DISCLAIMS, TO THE EXTENT ALLOWED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHEELCHAIR LIFE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHEELCHAIR LIFE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHEELCHAIR LIFE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHEELCHAIR LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
NOTICE
Wheelchair LIFE may provide you with notices, including those regarding changes to the TOS, by either e-mail, regular mail, or postings on the Service.
TRADEMARK INFORMATION
The Wheelchair LIFE logo, Wheelchair LIFE marks and names and other Wheelchair LIFE logos and product and service names are the property of Wheelchair LIFE, established by "prior use" pursuant to the Lanham Act. Without Wheelchair LIFE prior permission, you agree not to display or use in any manner, the Wheelchair LIFE Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Wheelchair LIFE respects the intellectual property of others, and we ask our users to do the same. Wheelchair LIFE may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The Wheelchair LIFE Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail form: http://wheeeelchairlife.net/feedback
By e-mail (without attaching any files): WheelchairLIFE[separated by the "@" symbol]gmail.com (we do not list e-mail addresses on web pages as name@providerX.com because Spammers utilize worms, spiders, robots, and crawlers to automatically mine the Internet for e-mail addresses). Pursuant to responsible e-mail practices, we do not open e-mail messages with attachments from unrecognized senders.
REQUEST FOR ACCOMMODATION
Though Wheelchair LIFE has no legal or ethical obligation to accommodate disabilities on its website, more than it already does, the principal of Wheelchair LIFE is keenly aware that reasonable accommodations can make life on the Internet a little more productive and a little more enjoyable. If you have a suggested accommodation for a disability of yours or someone else's – some reasonable modifiation that might make life a little easier on Wheelchair LIFE – we welcome your suggestions and requests through the above-named agent contact information. We regret that we may not be able to respond to all requests, but we will seriously consider your suggestions. Incidentally, your web browser and/or operating system likely already has accessibility options to accommodate many disabilities.
Software, Robots, Message Postings & Downloads/uploads
Unsolicited data, messages, programs etc. placed by you to our computers or web hosting servers (which may or may not be referred to as "spam") is your express request to rent space on our hard drives and to be billed $100 per file or message per day until such time as you remove the file or message. If we fail to bill you that does not imply that we are not enforcing this $100 per day rental fee. You agree to be subject to the personal jurisdiction and venue of the courts in Johnson County, Kansas with respect to any collection matter regarding this rental fee.
Outbound Linking
This website may include hyperlinks to third-party websites. Wheelchair LIFE is not responsible for, and makes no representations or endorsements with respect to any such websites or with respect to any product or service that may be provided by or through such websites. You should be aware that such websites, products or services may be provided subject to privacy policies, acceptable use policies or other terms of use that differ substantially from this notice, and you should consult such terms or use before using such websites, products or services.
Inbound Linking
Linking to this website, except through the process of framing or other distortion or obscuring of Wheelchair LIFE's content, is permitted. Wheelchair LIFE assumes no responsibility for any errors or omissions in the contents of this site, including contents that are referenced by or linked to third-party websites. Wheelchair LIFE makes no representations or warranties of any kind for the contents of this site nor of any third-party sites.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Wheelchair LIFE and governs your use of the Service, superseding any prior agreements between you and Wheelchair LIFE with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wheelchair LIFE services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Wheelchair LIFE shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and Wheelchair LIFE agree to submit to the personal and exclusive jurisdiction of the courts located in Johnson County, and to the U.S. District Court For the District of Kansas, at Kansas City, if removed, pursuant to 28 USC § 1441.
Waiver and Severability of Terms. The failure of Wheelchair LIFE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Wheelchair LIFE account is non-transferable and any rights to your Wheelchair LIFE I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any section titles in the TOS are for convenience only and have no legal or contractual effect.
© Copyright 2008-2010 - Wheelchair Life, Inc.
