NO MINORS ALLOWED.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS SITE OR ANY OF ITS FEATURES and SERVICES.
Please review our TERMS OF SERVICES AGREEMENT (covering the use of vCita and LiveChat services provided by third parties and Ameriscribe Braille Services, Inc., through our website at www.ameriscribebraille.org
The information contained in this website is for general information purposes only. The information is provided by Ameriscribe Braille Services and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Ameriscribe Braille Services. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. 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 Ameriscribe Braille Services, Inc. (“ABS”). The Terms of Service governs your access to and use of the web sites offered by ABS including without limitation www.ameriscribebraille.org web sites and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the “Sites” and each individually a “Site”). By downloading, accessing or using any part of the Site you have accessed, 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, ABS 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. ABS may change, add or remove portions of the Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms of Service prior to each use of the Site, and by continuing to use the Site, you agree to any changes. Governing Law
You agree that: (i) the products and Services shall be deemed solely based in the State of Indiana, USA; and (ii) the products and Services shall be deemed a passive one that does not give rise to personal jurisdiction over ABS, either specific or general, in jurisdictions other than Indiana. This Agreement shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in La Porte County, Indiana for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
The products and Services are available to individuals age 18 and over. You may register for an account regardless of where you live, Our Services are available to residents of the United States and other countries. All financial transactions will be processed in U.S. dollars. The products and Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Ameriscribe Braille Services, Inc. to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. Ameriscribe Braille Services, Inc. operates the majority of its Services in the United States. Ameriscribe Braille Services, Inc. makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the products or Services from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the product and Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
The Site you have accessed 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 ABS, its affiliates and licensors. The Site is licensed to you, not sold. Except for the limited license granted in these Terms of Service, ABS and its licensors retain all rights, titles and interests in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.
ABS may change, suspend, or discontinue any aspect of the Site at any time.
1. GRANT OF LICENSE. ABS 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.
2. LIMITATIONS ON LICENSE. The license granted to you in these Terms of Service is restricted as follows: · Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Site for personal, non-commercial use only, provided that you maintain all copyright, trademark and other notices contained therein. · Limitations on Use. You may use and access the Site solely for your personal, non-commercial use. All use of the Site must be in accordance with the Terms of Service. 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 ABS 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 ABS 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 ABS; (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 ABS. · Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. · Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site, · Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Site or on any materials accessed through the Site. · Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view information and materials or submit Material (as defined below) of any kind, you represent that You: (i) are at least 18; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by ABS; and (iii) are not using another authorized user’s account without his/her permission.
4. YOUR SUBMISSION OF CONTENT. The Site may contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide. By submitting Material to the Site, you warrant that you have all necessary rights to grant, and automatically grant to ABS and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Site to access, view, store or reproduce your Material and content for that user’s personal, non-commercial use. ABS will not be required to treat any Material as confidential, and You further grant to ABS the right to edit, copy, display, publish and distribute any Material made available via the Site by You, without compensation to You or any other party submitting the Material for You. Notwithstanding the right and license, by merely permitting your Material to appear on the Site, ABS is not a publisher of such Material, and is merely functioning as an intermediary to enable you to provide and display Materials. Moreover, and except as provided in the Terms of Service with respect to the right and ability of ABS to delete or remove Material, ABS does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Material displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Site, you will not post or transmit any of the following:
Anything that interferes with or disrupts the Site or its operation; Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing; unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others; Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; Materials that harm minors; Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site. In addition, Prohibited User Content includes, but is not limited to, material that Ameriscribe Braille Services, Inc. determines:
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;harasses or advocates harassment of another person;exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;posts information that poses or creates a privacy or security risk to any person;constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;involves commercial activities and/or sales without prior written consent from Ameriscribe Braille Services, Inc. such as contests, sweepstakes, barter, advertising, or pyramid schemes;includes a photograph or video of another person that you have posted without that person’s consent;violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person. In addition, Prohibited activities include, without limitation:
unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Ameriscribe Braille Services, Inc. page via HTML/CSS or any other means;any automated use of the Services, such as, but not limited to, using scripts to send messages or posts; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Ameriscribe Braille Services, Inc., or sending messages with a commercial purpose; activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, “Bumping” multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including “fad” topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; orusing the products or Services in a manner inconsistent with any applicable law. When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, testimonial, feedback, message, image, video, text, profile data or other material (“User Content”) to Ameriscribe Braille Services, Inc., any Ameriscribe Braille Services, Inc. employee or contractor, or a Ameriscribe Braille Services, Inc. Website, you grant Ameriscribe Braille Services, Inc. and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Ameriscribe Braille Services, Inc., a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with Ameriscribe Braille Services, Inc.. You agree that Ameriscribe Braille Services, Inc. may use your name and profile picture in connection with social ads to advertise products and services based on your use of the Services and your interactions with Ameriscribe Braille Services, Inc. and third parties through the Services.
You further agree that Ameriscribe Braille Services, Inc. is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Ameriscribe Braille Services, Inc. to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Ameriscribe Braille Services, Inc. is not required to host, display, or distribute, and may remove at any time, any User Content. Ameriscribe Braille Services, Inc. reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
You agree that Ameriscribe Braille Services, Inc. has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Ameriscribe Braille Services, Inc. will not have any obligation to you with regard to User Content and that Ameriscribe Braille Services, Inc. may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with Ameriscribe Braille Services, Inc.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to receipt of services, participation in a particular program, training, authorized user registration to other specific portions or features of the Site, all of which are made a part of this Terms of Service by this reference. If there is a conflict between this Terms of Service and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of the Site.
6. LINKS TO OTHER SITES. ABS may provide links, in its sole discretion, to other sites on the World Wide Web. ABS is not responsible for the availability of these outside resources or their contents. ABS expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.
7. LINKS TO THIS SITE. You may link to this Site provided that You do so in a way that indicates that the link is to the www.ameriscribebrailleservices7.wixsite.com website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.
8. PASSWORDS; SECURITY. If ABS should make available, registration by You as an authorized user for access to certain areas of the Site may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that ABS, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of ABS. Failure to comply with the foregoing shall constitute a breach of the Terms of Service, which may result in immediate suspension or termination of your Authorized User Credentials. ABS will not be liable for any loss or damage arising from your failure to comply with these obligations. ABS reserves the right to delete or change Authorized User Credentials (with notice) at any time and for any reason.
9. TERMINATION. The Terms of Service and your license to use the Site will take effect the moment you install, access, or use the Site and will be in effect until terminated as set forth below. This license will automatically terminate in the event you breach any of its terms. Termination will be effective without notice. You may terminate the Terms of Service at any time by ceasing to use the Site. All applicable provisions of the Terms of Service as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The following will survive termination of these Terms of Service for any reason: (i) the General section below; (ii) the provisions concerning rights in your Materials that You have granted to ABS; (iv) ABS’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
11. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. WEBSITES, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AMERISCRIBE BRAILLE SERVICES, INC. AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS AND THIRD PARTY LICENSORS OF CONTENT SOLD THROUGH AMERISCRIBE BRAILLE SERVICES, INC. (COLLECTIVELY THE “AMERISCRIBE BRAILLE SERVICES, INC. PARTIES”) SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE AMERISCRIBE BRAILLE SERVICES, INC. WEBSITES OR THE PRODUCTS AND SERVICES; (B) THE AMERISCRIBE BRAILLE SERVICES, INC. CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO AMERISCRIBE BRAILLE SERVICES, INC. OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES SPECIFICALLY DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMERISCRIBE BRAILLE SERVICES, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES DO NOT WARRANT THAT YOUR USE OF THE PRODUCTS OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE PRODUCTS OR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PRODUCTS OR SERVICES.
THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY AMERISCRIBE BRAILLE SERVICES, INC. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY AMERISCRIBE BRAILLE SERVICES, INC. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. AMERISCRIBE BRAILLE SERVICES, INC. TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. THIS “DISCLAIMERS” SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH AMERISCRIBE BRAILLE SERVICES, INC.
12. Limitations of Liability; Waiver. IN NO EVENT SHALL THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE PRODUCTS OR SERVICES; (B) THE AMERISCRIBE BRAILLE SERVICES, INC. CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, PRODUCTS, OR SERVICES; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE PRODUCTS OR SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO AMERISCRIBE BRAILLE SERVICES, INC. IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES, OR FOR THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH AMERISCRIBE BRAILLE SERVICES, INC.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER AMERISCRIBE BRAILLE SERVICES, INC. CONTENT OWNED OR CONTROLLED BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER AMERISCRIBE BRAILLE SERVICES, INC. CONTENT OWNED OR CONTROLLED BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES.
BY ACCESSING THE SERVICES OR USING THE PRODUCTS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for use in arbitration proceedings including a Demand for Arbitration: Consumer Arbitration Rules here.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Indiana and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) calendar days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Ameriscribe Braille Services, Inc. otherwise agree, the arbitration will be conducted in La Porte County, Indiana where Ameriscribe Braille Services, Inc. resides. If your claim does not exceed $500, then the arbitration will be conducted solely on the basis of documents you and Ameriscribe Braille Services, Inc. submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $500, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $100, Ameriscribe Braille Services, Inc. will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous, malicious, negligent, or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This “Legal Disputes” section shall survive any expiration or termination of your relationship with Ameriscribe Braille Services, Inc..
15. OTHER DISCLAIMERS. The Site and the information contained herein is provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors. Information on the Site is provided with the understanding that ABS is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs. This publication is distributed internationally and may contain references to Ameriscribe Braille Services and other ABS services, products, and programs that are not in your country. These references do not imply that ABS or other ABS organizations intend to announce or provide the programs, products, or services in your country. All questions about ABS activities in your country should be directed to the ABS in your country.
16. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. ABS is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ABS to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to ABS by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of ABS (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide our designated agent with a written communication containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located to permit us to locate the material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf. Our designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: email@example.com with the subject line “DMCA Complaint”
Ameriscribe Braille Services, Inc
Attn: Office of the General Counsel
101 Bond Street, 3
LaPorte, IN 46350
17. MONITORING. ABS 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 ABS and to satisfy any law, regulation or authorized government request. ABS 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 ABS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
18. INDEMNIFICATION. You agree to indemnify, defend and hold ABS 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.
20. TRADEMARK INFORMATION. The ABS Logo is a registered mark of ABS (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.
21. Ameriscribe Braille Services, Inc. Discount Codes, Bonuses, Coupons, Loyalty Programs, Points Programs & Other Promotions. From time to time, Ameriscribe Braille Services, Inc. may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that Ameriscribe Braille Services, Inc., in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).
22. Tax. Rentals and purchases of products or through the Services may be subject you to taxes in many states. Depending on your state and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
23. Certain Payments and Renewals. Payment for products or Services is due in advance of the work or for each applicable membership period (e.g., monthly or annually). MONTHLY AND ANNUAL MEMBERSHIPS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD YOU PROVIDE WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU. Also, for some of our products or paid Services, you may elect to temporarily “suspend” your membership, for example, during school breaks or vacation, for up to a total of 90 days in any one membership year (i.e., during each 12-month period following the commencement of your membership), and the period of your membership will be extended by the total amount of such suspended period(s). You agree to pay all applicable fees for your memberships and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of purchase. If you wish to cancel your membership in a Service (if available), please visit the customer support web area on the Services. Cancellation of memberships (if available) will take effect as detailed in the cancellation information for the specific Service you want to cancel.
24. GENERAL. This Terms of Service is governed by and construed in accordance with the laws of the State of Indiana, as applied to agreements entered into and wholly performed within the State of Indiana between Indiana residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the State of Indiana closest to Michigan City, Indiana, 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 constitutes the entire understanding and agreement between ABS 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 ABS 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.
25. Credit/Debit Card Processing & Payments. Ameriscribe Braille Services, Inc. may require users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they pay an invoice, pledge, make a donation, or register for an account (to ensure users are able to make applicable payments to Ameriscribe Braille Services, Inc.) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your Ameriscribe Braille Services, Inc. account at all times (either the original card or a replacement). To confirm your card is valid, Ameriscribe Braille Services, Inc. may initiate a “pending” charge for one dollar (US $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days – check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card’s security code (e.g., CVC, CVV, CID). Ameriscribe Braille Services, Inc. will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Ameriscribe Braille Services, Inc. will store your credit or debit card information and you hereby acknowledge and agree that Ameriscribe Braille Services, Inc. may charge you for, and you will pay for, any charges specified on the Services and for any auto-extension or unreturned, lost, stolen, or damaged books, products, or services associated with your account. Books or other materials kept beyond the applicable rental or authorized usage term, you agree to be charged the applicable late fees of $1USD dollar per day.For any books or other rental materials that are never returned (an item is deemed “never returned” if it has not been returned in the period posted in our General Polices) or that are returned damaged, you agree to be charged for the value of the item(s) as set out in our General Policies. Ameriscribe Braille Services, Inc. reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by Ameriscribe Braille Services, Inc. or a third party on Ameriscribe Braille Services, Inc.’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to Ameriscribe Braille Services, Inc. For security reasons or to otherwise confirm a financial instrument or payment, Ameriscribe Braille Services, Inc. may delay mailings of books or otherwise delay providing payments, products or services even if such delay impacts a guaranteed delivery date.
29. LEGAL NOTICE REGARDING SOLICITATION OF DONATIONS. DONOR’s RESPONSIBILITY: Due to legal requirements and the high cost of registration per state, Ameriscribe only solicts and accepts donations from states where it is legal for ABS to accept donations. It is the donor’s responsibility, prior to submitting a donation, to research, know, and understand the laws in his or her state regarding donations to ABS. As of June 25, 2017, ABS accepts donations from the following states:
California, Delaware, Idaho, Indiana, Iowa, Montana, Nebraska, South Dakota, Vermont, and Wyoming.
30. Contacting Ameriscribe Braille Services, Inc. If you have any questions or concerns regarding the Ameriscribe Braille Services, Inc. Websites or Services, please write to us at firstname.lastname@example.org or at our offices located at 101 Bond Street, 3, La Porte, Indiana 46350-3888. All notices, authorizations, and requests to Ameriscribe Braille Services, Inc. shall be deemed given on receipt by United States Postal Service by certified mail.
Please review our TERMS OF SERVICES AGREEMENT (covering the use of vCita and LiveChat services provided by third parties and Ameriscribe Braille Services, Inc., through our website at www.ameriscribe.org
Effective January 1, 2018. ABS
Michael A. Christianson, 101 Bond Street, LaPorte, Indiana 46350, About Us, braille, job request, IN236922520170413, 508 Compliant, ADA, Ameriscribe Braille, accessiblity, job request, blind, visually-impaired, specialized products, services, Schools for the Blind, military veterans, homeless, Laporte County Indiana registered sex offenders, Laporte County Indiana sex offenders, Meagan's law, megans law, Megan's law, nearby offenders, predator, registered sex offender, Registered Sex Offenders in Laporte County IN, sex offender, sex offender registry, Sex offenders registered in Laporte County IN, Case Number: 46C01-0207-FA-050, IN236922520170413 SOR