The following terms and conditions (the “Terms and Conditions”) govern your use of the DisAbility Mama & Co., LLC Web Site (the “Site”). The Site is made available by DisAbility Mama & Co., LLC (“DisAbility Mama LLC” or “DisAbility Mama” or “Dmama” or “DMAC”, or “we”, or “us”). We reserve the right to change the Terms and Conditions from time to time, or modify the Site for any reason, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Copyright / Trademarks / Intellectual Property
Trademarks, logos and service marks (“Mark”) displayed on the Site are the property of DisAbility Mama & Co., LLC and other parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All information and content available on or through the Site (“Content”) is protected by copyright.
As between visitors to the Site and DisAbility Mama & Co., LLC, DisAbility Mama owns, solely and exclusively, all rights, title and interest in and to the Site, all the Content (including but not limited to, images, graphics, video, other visuals, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of DisAbility Mama & Co., LLC or the applicable rights holder.
User Information
In the course of your use of the Site, you may be asked to provide certain personalized information to us (“User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
No Warranties
All content, products, and services on the Site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. None of the information provided should be deemed legal advice or should be acted upon without the prior with appropriate professional advisors.
Other than as required under applicable consumer protection law, under no circumstance will DisAbility Mama & Co., LLC be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
You agree to defend, indemnify and hold DisAbility Mama & Co., LLC and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. DisAbility Mama & Co., LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DisAbility Mama & Co., LLC’s defense of such claim.
Limitation of Liability
In no event shall DisAbility Mama & Co., LLC or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the content, materials and functions related thereto, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the amount, if any, paid by you to DisAbility Mama & Co., LLC for your use of the site.
Orders for Products and Services
We make certain products available to visitors and users of the Site. You hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases according the purchase orders and billing statement provided by DisAbility Mama & Co., LLC by means acceptable to DisAbility Mama & Co., LLC. You agree to pay all applicable taxes. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Jurisdiction/Governing Law
Users of this Site agree to submit to the laws of the State of Florida, and applicable federal laws without regard to conflicts of laws principles. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Florida. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Blog and Newsletter
The blog and newsletter are provided for informational purposes only and does not constitute general or specific advice to any particular individual, and that any individual interested in further information should contact info@disabilitymama.com. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a relationship; consumer, client or otherwise. Please do not send any confidential information to us.
Submitting/Posting Photos, Video, other Media, and/or other information to DisAbility Mama & Co.
By submitting/posting Photos, Video, other Media, and/or other information directly to DisAbility Mama & Co. and/or the DisAbility Mama & Co. website, you give and grant to DisAbility Mama & Co., LLC and its assigns, designees and licensees, the right to use, publish and copyright the answers and all other information that is provided, as well as your name, in all materials associated with DisAbility Mama & Co.’s products, marketing, advertising (the “Materials”) in all forms of media and/or information, in any and all territories throughout the world. You further agree that: • No further consideration of any kind will be paid to you in connection with the Submission or DisAbility Mama & Co.’s use thereof • No use of the Submission will constitute defamation of Participant or an invasion of Participant’s privacy or publicity rights or any other rights Participant may have in or relating to the Submission. • No Materials need be submitted to you for any further approval.
Last Modified: September 9, 2016
