The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the UniversalDesign.com site, receive data from the UniversalDesign.com site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the UniversalDesign.com site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the UniversalDesign.com site that may direct your browser or your Internet connection to third party Web sites or Web pages.
1. OWNERSHIP AND PROPRIETARY RIGHTS.
Copyright © 2016 UniversalDesign.com– All Rights Reserved.
The UniversalDesign.com site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the UniversalDesign.com site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”), are the property of UNIVERSALDESIGN.COM and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the UniversalDesign.com site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the UniversalDesign.com site is either the copyrighted property of UNIVERSALDESIGN.COM, unless otherwise noted, or are the copyrighted property of third parties.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the UniversalDesign.com site, including, without limitation, “The IDeA Center” and or stylized UNIVERSALDESIGN.COM logo are the trademarks and intellectual property of and proprietary to UNIVERSALDESIGN.COM. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of UNIVERSALDESIGN.COM.
2. LICENSE AND SITE ACCESS
UNIVERSALDESIGN.COM authorizes you to access Content and grants you the limited right and license to use the UniversalDesign.com site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the UniversalDesign.com site for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the UniversalDesign.com site, including notices on any Content you display, print or reproduce from the UniversalDesign.com site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of UNIVERSALDESIGN.COM.
This license does not include any resale or commercial use of the UniversalDesign.com site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the UniversalDesign.com site or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The UniversalDesign.com site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of UNIVERSALDESIGN.COM. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the UniversalDesign.com site without our express written consent. You may not use any meta tags or any other “hidden text” utilizing UNIVERSALDESIGN.COM’s Marks without our express written consent. Any unauthorized use terminates the permission or license granted by UNIVERSALDESIGN.COM.
As an express condition of your use of the UniversalDesign.com site, you warrant to us that you will not use the UniversalDesign.com site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. UNIVERSALDESIGN.COM makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the UniversalDesign.com site.
3. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask you to do the same. Accordingly, UniversalDesign.com has adopted the following Intellectual Property Compliance Policy. If you or any user of the UniversalDesign.com site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
- Identification of the IP Rights claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Center for Inclusive Design and Environmental Access
University at Buffalo
School of Architecture and Planning
3435 Main Street, 114 Diefendorf Hall
Buffalo, NY 14214-3087
On notice, we will act expeditiously to review and if necessary to remove content on the UniversalDesign.com site that infringes the copyright rights of others and will disable the access to the UniversalDesign.com site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
4. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS
We try to assure the accuracy of all information displayed on the UniversalDesign.com site, but it is possible that the information contains errors, inaccuracies, or omissions. In particular, with respect to product information, we have tried to ensure the information provided is accurate. Despite our best efforts, some of such information may contain errors. We are not liable for any harm caused or related to any such errors.
5. HYPERLINKS TO THIRD PARTY SITES.
Any non-personal content you provide to the UniversalDesign.com site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by UNIVERSALDESIGN.COM, this UniversalDesign.com site and our corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction.
6. RULES OF CONDUCT.
Your use of the UniversalDesign.com site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the UniversalDesign.com site, or knowingly condone use of the UniversalDesign.com site by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the UniversalDesign.com site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the UniversalDesign.com site, or from advertising, linking or becoming a supplier to us in connection with the UniversalDesign.com site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Web site or Web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to the UniversalDesign.com site, other users’ accounts, names, User IDs, personally identifiable information or other computers, Web sites or Web pages, connected or linked to the UniversalDesign.com site or to use the UniversalDesign.com site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the UniversalDesign.com site or the rights or use and enjoyment of the UniversalDesign.com site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the UniversalDesign.com site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You agree to indemnify, defend and hold UniversalDesign.com owners, licensees, and affiliates and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any content you provide, submit or make available on or through the UniversalDesign.com site or your unauthorized use of any Content. UniversalDesign.com reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with UniversalDesign.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by UniversalDesign.com.
7. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE UniversalDesign.com site AND ALL MATERIALS, AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE UniversalDesign.com site WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, UniversalDesign.com is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the UniversalDesign.com site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the UniversalDesign.com site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE UniversalDesign.com site, UniversalDesign.com OWNERS, LICENSEES OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE UniversalDesign.com site OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have UniversalDesign.com, upon written notice from you to us, attempt to repair, correct or replace any deficient Product under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for UniversalDesign.com, we agree to refund any monies actually paid by you for the Product involved and to terminate and discontinue your use of the UniversalDesign.com site. You further understand and acknowledge the capacity of the UniversalDesign.com site, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
8. ADS AND MALWARE.
We take great care and pride in creating the UniversalDesign.com site. We are always on the lookout for technical glitches that effect how the UniversalDesign.com site works. When we find them on our end, we will fix them. Unfortunately, your personal computer may cause some glitches that effect how you see the UniversalDesign.com site — and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the UniversalDesign.com site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the UniversalDesign.com site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the UniversalDesign.com site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
9. INTERNATIONAL USE.
Although the UniversalDesign.com site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the UniversalDesign.com site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any Product, service, and/or information made in connection with the UniversalDesign.com site is void where prohibited.
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS.
From time to time, UniversalDesign.com or its affiliates or its operational service providers, suppliers, and advertisers, may conduct promotions on or through the UniversalDesign.com site, including, without limitation, auctions, contests and sweepstakes (collectively “Promotions”). Each Promotion may have additional terms and/or rules which will be posted on the UniversalDesign.com site or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
11. MISCELLANEOUS TERMS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the UniversalDesign.com site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
This Agreement and your use of the UniversalDesign.com site shall be governed by, construed and enforced in accordance with the substantive laws of the State of New York, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that UNIVERSALDESIGN.COM has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE UniversalDesign.com site OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.