Terms & Conditions of Use

These Terms and Conditions of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the AbilityFirst website (the “Website”).  By using this Website, you signify that you have read, understand and agree to be bound by this Agreement.  Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  In the event of any inconsistency between the AbilityFirst Privacy Policy and this Agreement, this Agreement shall control.

We may revise the Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting.  You should review these Terms and Conditions every time you use the AbilityFirst website because they are binding on you.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE.

Termination
AbilityFirst reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.   Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use.

Proprietary Rights in Content on the Web Site
All content on the Website (the “Content”), including, but not limited to, design, text, graphics, other files, and their selection and arrangement, is the proprietary property of AbilityFirst.  No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without AbilityFirst’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.  All content of the AbilityFirst website is Copyright © 2006 AbilityFirst. All rights reserved.

Links to Other Websites
This Website contains links to other websites.  We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked website on or through this Website does not imply approval or endorsement of the linked website by us.  If you decide to leave this Website and access these third-party websites, you do so at your own risk.

Indemnification
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless AbilityFirst and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Website.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that AbilityFirst may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of AbilityFirst and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ABILITYFIRST DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION.  ABILITYFIRST EXPRESSLY DISCLAIMS 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.

ABILITYFIRST MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 ABILITYFIRST OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

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 MAY NOT APPLY TO YOU.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABILITYFIRST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABILITYFIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ABILITYFIRST’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.

Trademark
AbilityFirst, the AbilityFirst logo, and other AbilityFirst logos are protected by state and federal trademark laws.  You agree not to display or use these trademarks in any manner without AbilityFirst’s prior written permission.  Other trademarks appear on the AbilityFirst website with permission from their respective owners.  Your unauthorized use of trademarks appearing on the AbilityFirst website may constitute trademark infringement, which could subject you to substantial civil penalties.

Governing Law
This Agreement between you and AbilityFirst will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

Jurisdiction
This Website is controlled and operated by AbilityFirst from its principal office in the State of California, United States of America.  AbilityFirst makes no representation that materials on the AbilityFirst website are appropriate or available for use in other locations. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules.  The Website is not intended to subject AbilityFirst to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.

Notices
AbilityFirst may deliver notice to you under these Terms of Use by means of email, a general notice posted on the AbilityFirst website, or by written communication delivered by first-class U.S. mail to the address that you have provided to AbilityFirst.  You may give notice to, or submit comments or questions to, AbilityFirst at any time via email or by letter delivered by first-class postage prepared U.S. mail or overnight courier to either of the following addresses:

AbilityFirst.com
Attn: Terms of Use
1300 E. Green Street
Pasadena, California 91106
E-mail:  sschultz@abilityfirst.org

Survival
The provisions of these Terms of Use entitled “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

General Provisions
Except as provided in a particular “Legal Notice” on this website, these Terms of Use, along with the AbilityFirst Privacy Policy, constitute the entire agreement and understanding between you and AbilityFirst with respect to use of this Website, superseding all prior or contemporaneous communications with AbilityFirst.  These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the AbilityFirst website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The section titles of this Agreement are displayed for convenience only and have no legal effect.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.