You agree that your use of the Website is subject to the following Terms and Conditions. These Terms and Conditions may be modified by us at any time and from time to time. Continued access to the Website and your account will constitute your acceptance of any changes or revisions to the Terms and Conditions.
If you do not agree with the Terms and Conditions, please do not use this Website or set up an account.
Disclaimer of Representations and Warranties.
The materials contained on the Website are provided by Access: Supports for Living Inc. or its third party providers as a service to you, for your personal use on an “as is” basis. You acknowledge that you are using the Website at your own risk. Access: Supports for Living Inc. and its third party providers assume no responsibility for error or omissions in these materials. Access: Supports for Living Inc. makes no commitment to update the information contained herein. Access: Supports for Living Inc. expressly disclaims any and all representations or warranties, expressed or implied, regarding the Website, including without limitation to the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Website, or that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Under no circumstances shall Access: Supports for Living, Inc. or any of its affiliates, third party providers, or their respective officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Website.
Access: Supports for Living Inc. periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Access: Supports for Living Inc. shall have no liability for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Website.
User Generated Content
Access: Supports for Living Inc. may provide users an opportunity to post content to the Website. Access: Supports for Living Inc. does not endorse or support the content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another’s copyright or trademark. You are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Website. Access: Supports for Living Inc. does not review the content posted by users and is not responsible for such content, however, Access: Supports for Living Inc. has the right to delete, move, or edit any content or refuse business from any user that violates this agreement or is otherwise objectionable as determined by Access: Supports for Living Inc. in its sole discretion and without notice.
If you upload, post, or otherwise transmit content to the Website, you acknowledge that you are granting Access: Supports for Living Inc. a license to use, edit, remove, modify, publish, transmit, and display your submission in any medium now existing or hereinafter invented, and for any purpose, including for commercial uses. You waive any moral rights you may have in having the submitted material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You hereby acknowledge and agree that Access: Supports for Living Inc. shall have no obligation to compensate you in any way for any submission that you make.
You agree to indemnify Access: Supports for Living Inc., its affiliates, and third party providers and their officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your submissions, from your unauthorized use of material obtained from the Website, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Website.
Access: Supports for Living Inc. is committed to providing visitors to its site with as many features as possible. The service providers that are featured on the Website offer products and services that site visitors may find useful. In certain cases, Access: Supports for Living Inc. may have a business relationship with certain third parties that it selects as featured service providers. Access: Supports for Living Inc. is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the service providers, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.
Access: Supports for Living Inc. has the right, but not the obligation, to monitor your use of the Website to determine compliance with these Terms and Conditions and any operating rules established by us and to satisfy any law, regulation, authorized government request or trade association guideline.
You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Website, shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Tennessee. In addition, you agree to submit to the personal jurisdiction of such courts.
Access by Authorized Users.
Access to the Shopping Cart may require a username and password. Access via such username and password or secure link is deemed to be done with your authorization and you agree to be responsible for all activities that occur under your user names and passwords including, but not limited to, any orders placed, any access that is provided to billing information, and any security breaches.