Web Site Terms and Conditions of Use

This Web Site Terms of Service Agreement (the or these “Terms of Service”) is a binding legal contract between you (“You” either an individual or a legal entity) and Deaf Empowerment Awareness Foundation (“DEAF, Inc.”). The Terms of Service governs your access to and use of the www.deafinc.org web site and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the “Site”). By downloading, accessing or using any part of the Site, You will be bound by the terms of these Terms of Service. If You do not agree to the terms of these Terms of Service, DEAF, Inc. is not willing to grant You any right to use or access the Site. In such event, You are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.

 

        1. Site Access and Use License Terms

 

The Site and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by DEAF, Inc., its affiliates and licensors. The Site is licensed to you, not sold. Except for the limited license granted in these Terms of Service, DEAF, Inc. and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.

 

DEAF, Inc. may change, suspend, or discontinue any aspect of the Site at any time.

 

1. GRANT OF LICENSE. DEAF, Inc. grants You a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on your continued compliance with the terms of these Terms of Service.

 

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

2. Use License

               a. Permission is granted to download copies of the materials (information) on DEAF, Inc.’s web site for

                   personal, educational,non-commercial transitory viewing only. This is the grant of a license, not a transfer

                   of title, and under this license you may not:

                   i. modify or copy the materials;

                   ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

                   iii. attempt to decompile or reverse engineer any software contained on DEAF, Inc.’s web site;

                   iv. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense,

                   or commercially exploit the Site or any contents, information, data or materials provided through the Site

                   in any manner not expressly permitted by the Terms of Service or the Site. You may not assign, sublicense,

                   rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to

                   use or copy the Site. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other

                   automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process,

                   to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the

                   navigational structure or presentation of the Site to obtain or attempt to obtain any materials,

                   documents, or information through any means not purposefully made available through the Site; (ii)

                   attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the

                   account of any other authorized user or any other systems or networks connected to the Site or to any

                   server used by DEAF, Inc. or to any of the services offered on or through the Site, by hacking, password

                   “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site

                   or any network connected to the Site, or breach the security or authentication measures on the Site or

                   any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any

                   other authorized user of or visitor to the Site; (v) take any action that imposes an unreasonable or

                   disproportionately large load on the infrastructure of the Site or systems or networks of DEAF, Inc. or

                   networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper

                   working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site;

                   (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market,

                   co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use

                   the Site without the express, separate and prior written permission of DEAF, Inc.; (x) create an intact

                   reproduction of a page or pages of the Site into another website; or (xi) use the Site in an unlawful manner

                   or in a manner that could damage, disparage, or otherwise negatively impact DEAF, Inc.

                   v. remove any copyright or other proprietary notations from the materials; or \

                   vi. transfer the materials to another person or “mirror” the materials on any other server.

               b. This license shall automatically terminate if you violate any of these restrictions and may be terminated

                   by DEAF, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this

                   license, you must destroy any downloaded materials in your possession whether in electronic or printed

                   format.

 

3. Disclaimer

 

               a. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU

                   ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT

                   PERMITTED BY LAW, DEAF, Inc. AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE

                   SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE,

                   MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR

                   PURPOSE. DEAF, Inc. DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE

                   OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL

                   BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT DEAF, Inc. IS NOT LIABLE FOR THE DEFAMATORY,

                   OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY

                   FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

               b. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEAF, Inc. OR

                   ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL,

                   INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT

                   (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR

                   PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF,

                   OR INABILITY TO USE, THE SITE, EVEN IF DEAF, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

                   DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF DEAF, Inc. AND ITS SUPPLIERS/LICENSORS UNDER

                   THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,

                   TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR

                   ACCESS TO THE SITE.

              c. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how

                  long an implied warranty lasts, so some of the above may not apply to you. d. The materials on DEAF, Inc.’s

                  web site are provided “as is”. DEAF, Inc. makes no warranties, expressed or implied, and hereby disclaims

                  and negates all other warranties, including without limitation, implied warranties or conditions of

                  merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other

                  violation of rights.  Further, DEAF, Inc. does not warrant or make any representations concerning the

                  accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise

                  relating to such materials or on any sites linked to this site.

 

4. Limitations

 

In no event shall DEAF, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on DEAF, Inc.’s Internet site, even if DEAF, Inc.  or a DEAF, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

5. Revisions and Errata

 

The materials appearing on DEAF, Inc.’s web site could include technical, typographical, or photographic errors. DEAF, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. DEAF, Inc. may make changes to the materials contained on its web site at any time without notice. DEAF, Inc. does not, however, make any commitment to update the materials.

 

6. Links

 

DEAF, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DEAF, Inc. of the site. Use of any such linked web site is at the user’s own risk.

 

7. Site Terms of Use Modifications

 

DEAF, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

8. Governing Law

 

Any claim relating to DEAF, Inc.’s web site shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.

 

General Terms and Conditions applicable to Use of a Web Site.

 

Our designated agent for notice of claims of copyright infringement can be reached as follows:

 

By E-Mail: marketing@deafinc.org with the subject line “DEAF Inc. ToC”

 

By Mail: Deaf Empowerment Awareness Foundation (DEAF, Inc.)

25 E. Frisco Ave St. Louis, MO  63119

 

14. MONITORING. DEAF, Inc. has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms of Service and any operating rules established by DEAF, Inc. and to satisfy any law, regulation or authorized government request. DEAF, Inc. has the right and sole discretion to edit, refuse to post or remove any Material submitted to or posted on or within the Site, including, without limitation, the right to remove any Material that DEAF, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

15. INDEMNIFICATION. You agree to indemnify, defend and hold DEAF, Inc. and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.

 

16. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Site, you acknowledge and agree that your use of the Site will constitute acceptance of the personal identifying information collection and use practices contained in the Privacy Policy (http://www.deafinc.org/about/privacy).

 

17. TRADEMARK INFORMATION. The DEAF, Inc. logo is federally protected and registered marks of DEAF, Inc. (see United States Code, Title 18, Section 706). All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.

 

18. GENERAL. This Terms of Service is governed by and construed in accordance with the laws of the Missouri, as applied to agreements entered into and wholly performed within Missouri. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the Missouri and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Service shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms of Service along with Privacy Policy constitutes the entire understanding and agreement between DEAF, Inc. and You with respect to the Site and any transactions contemplated in these Terms of Service and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms of Service, all of which are merged in the Terms of Service. You may not modify, amend or alter in any way the Terms of Service. In the event any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms of Service will remain valid and enforceable according to its terms. Any failure by DEAF, Inc. to strictly enforce any provision of the Terms of Service will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms of Service. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

 

Revised 9/19/2015

 

25 E. Frisco Avenue

St. Louis, MO 63119

CONTACT INFO

 

FRONT DESK

Phone/VP: (314) 714-6400

FAX: (314) 266-7427

Secure online contact

 

 

INTERPRETING SERVICES

Phone: (314) 968-8868

Toll Free: (888) 898-3323

Secure online contact

Copyright DEAF Inc. 2008-2017   l     Privacy Policy    l   Terms & Conditions