Last Modified: March 19, 2021
The Website(s) and Applications are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website(s) or Applications, you represent and warrant that you are of legal age to form a binding contract with Accessity and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website(s) or Applications.
- Accessing the Website(s) or Applications and Account Security
We reserve the right to withdraw or amend the Website(s) or Applications, and any service or material we provide on the Website(s) or Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website(s) or Applications or unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website(s) or Applications, or the entire Website(s) or Applications, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website(s) and Applications.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website(s) or Applications or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Intellectual Property Rights
The Website(s) and Applications and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Accessity, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website(s) and Applications for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Accessity name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of Accessity or its affiliates or licensors. You must not use such marks without the prior written permission of Accessity. All other names, logos, product and service names, designs and slogans on the Website(s) and Applications are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Accessity, an Accessity employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website(s) and Applications, or which, as determined by us, may harm Accessity or users of the Website(s) and Applications or expose them to liability.
Additionally, you agree not to:
- Use the Website(s) or Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website(s) or Applications, including their ability to engage in real time activities through the Website(s) or Applications.
- Use any robot, spider or other automatic device, process or means to access the Website(s) or Applications for any purpose, including monitoring or copying any of the material on the Website(s) or Applications.
- Use any manual process to monitor or copy any of the material on the Website(s) and Applications or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website(s) or Applications.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website(s) or Applications, the server on which the Website(s) or Applications are stored, or any server, computer or database connected to the Website(s) or Applications.
- Attack the Website(s) or Applications via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website(s) or Applications.
- Monitoring and Enforcement; Termination
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website(s) or Applications. YOU WAIVE AND HOLD HARMLESS ACCESSITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Reliance on Information Posted
The information presented on or through the Website(s) and Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website(s) and Applications, or by anyone who may be informed of any of its contents.
The Website and Applications may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Accessity, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Accessity. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Website(s) or Applications
We may update the content on the Website(s) or Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website(s) or Applications may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Website(s) or Applications
- Online Payments
All transactions, such as loan offerings or other financial transactions, formed through the Website(s) or Applications or as a result of visits to the Website(s) or Applications made by you are governed by the terms of the applicable agreement without modification. We may process your payments through our third-party payment processor.
By entering your donation information when making a donation and clicking “Donate,” you hereby authorize Accessity to process your donation through our third-party payment processor.
- Linking to the Website(s) or Applications
You may link to pages of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- Links from the Website(s) or Applications
If the Website(s) or Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website(s) or Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website(s) and Applications is based in the state of California in the United States. We provide the Website(s) and Applications for use only by persons located in the United States. We make no claims that the Website(s) or Applications or any of their content is accessible or appropriate outside of the United States. Access to the Website(s) and Applications may not be legal by certain persons or in certain countries. If you access the Website(s) or Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website(s) or Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE(S) OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITE(S) AND APPLICATIONS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) AND APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE(S) AND APPLICATIONS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCESSITY NOR ANY PERSON ASSOCIATED WITH ACCESSITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ACCESSITY. WITHOUT LIMITING THE FOREGOING, NEITHER ACCESSITY NOR ANYONE ASSOCIATED WITH ACCESSITY REPRESENTS OR WARRANTS THAT THE WEBSITE(S) OR APPLICATIONS, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE(S) AND APPLICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE(S) OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ACCESSITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
IN NO EVENT WILL ACCESSITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APPLICATIONS, ANY WEBSITES LINKED TO THE WEBSITE(S) OR APPLICATIONS, ANY CONTENT ON THE WEBSITE(S) OR APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) OR APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
The Website(s) and Applications are operated by Accessity, which is located at 404 Euclid Avenue, Ste 271, San Diego CA 92114.
All other feedback, comments, requests for technical support and other communications relating to the Website(s) and Applications should be directed to: firstname.lastname@example.org