Last Revised: 02/01/2017
- The Site provides access and to and information regarding plans for, instructions about, videos and other advice and discussion regarding the construction of in-home assistive technology lifts (the “Enablements”).
- Enablements Disclaimer. Without limiting any other provision of these Terms, all Enablements provided to or accessed by you through the Site are provided as-is and are to be used at your own risk. You should take all necessary precautions when using or relying on any of the Enablements and you should know that some of the tasks described in the Enablements should be performed by professionals. Under no circumstances should any of the projects discussed in the Enablements be undertaken by someone under the age of 18. TO THE EXTENT PERMITTED BY LAW, MYOL ACCEPTS NO LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY ARISING AS A CONSEQUENCE OF ANY RELIANCE ON THE ENABLEMENTS, WHETHER BY A VISITOR TO THE SITE OR SOMEONE WHO MAY HAVE BEEN INFORMED OF THEIR CONTENTS.
- You may access certain online features of the Services through your account on the Sites (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to MYOL about yourself upon registration of your Account, and at all other times, (“User Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the User Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. MYOL reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify MYOL immediately at firstname.lastname@example.org.
- Site License to User. Subject to these Terms, MYOL grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Site for informational purposes only. This license is exclusive to you and you may not sublicense the use of the Site. MYOL expressly retains all ownership rights, title and interest in and to all aspects of the Site and all intellectual property rights therein, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site.
- You may not modify the Site create derivative works of the Site, or reverse engineer or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason. In no event may you use the Site for commercial endeavors without our prior written consent.
- User Content and Submissions
- Copyright in Your Content. In connection with registered access to, or use of, the Site or the Enablements, you may have the opportunity to upload to the Site certain information, data, text, software, music, sound, photographs, graphics, video, messages, or other Enablements (“Content”). MYOL does not claim ownership rights in any such Content that you make available. By submitting your Content and accepting the consideration set forth in these Terms, you unconditionally grant to MYOL a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, to reproduce, create derivative works of, distribute, and otherwise use the Content in any format, or to exercise any and all other present or future rights in the Content. As between you and Company, you remain the owner of all Content that you make available in connection with the Services. You represent and warrant to MYOL that you are the owner of the copyright to the Content or that you have written permission from the copyright owner to use such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold MYOL harmless for any violation of this provision.
- Review of Content and Enablements. While MYOL does not and cannot review all material on the Site, and is not responsible for its content, MYOL reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. MYOL will not be liable for the Content of any submission.
- Disclaimer of Warranty. THE SITE AND ALL ENABLEMENTS PROVIDED TO YOU THROUGH THE SITE, INCLUDING DOWNLOADED OR ACCESSED PLANS, VIDEOS AND INSTRUCTIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. MYOL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MYOL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF MYOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE IN CONNECTION WITH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL MYOL HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IT IS THE INTENTION OF YOU AND MYOL THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- MYOL may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site.
- Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that MYOL has not adhered to these Terms, please contact us by e-mail at email@example.com. We will do our best to address your concerns. If you and MYOL are unable to reach a resolution to the dispute, you and MYOL will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and MYOL agree that any arbitration will be limited to the dispute between MYOL and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MYOL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and MYOL otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
- Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and MYOL as a result of these Terms or use of the Site.
- Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
- Force Majeure. MYOL will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond MYOL’s reasonable control.
- Waiver. The failure of MYOL to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by MYOL in writing.
- Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
- MYOL is located in Boulder, Colorado, USA. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: firstname.lastname@example.org
- Entire Agreement. These Terms constitute the entire agreement between you and MYOL and govern your use of the Site, superseding any prior agreements between you and MYOL. The failure of MYOL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and MYOL nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.