Terms of use agreement

November 28th, 2006 (last updated Novmber 25, 2006)

If you wish to use howtowheelchair.com , you must read this Agreement and indicate your acceptance.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the howtowheelchair.com services. howtowheelchair.com refers to howtowheelchair.com , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees. By using the howtowheelchair.com services, you agree to be bound by this Agreement . You are only authorized to use the howtowheelchair.com services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the howtowheelchair.com website and discontinue use of the howtowheelchair.com services immediately.

This Agreement includes howtowheelchair.com ’s policy for acceptable use of the howtowheelchair.com services and content posted on the howtowheelchair.com website, your rights, obligations and restrictions regarding your use of the howtowheelchair.com services and howtowheelchair.com ’s Privacy Policy.

howtowheelchair.com has the right to modify this Agreement from time to time and any modifications shall be effective upon posting by howtowheelchair.com on the howtowheelchair.com website. You agree to be bound to any changes to this Agreement when you use the howtowheelchair.com services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post and the information that you provide to other members on howtowheelchair.com .com. howtowheelchair.com discourages any of the following items to be posted: telephone numbers, email address, street addresses, last names, and any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. The information provided by howtowheelchair.com members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and howtowheelchair.com .com assumes no responsibility or liability for this material. If you become aware of misuse of the howtowheelchair.com services by any person, please contact howtowheelchair.com and Report abuse.

howtowheelchair.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the howtowheelchair.com services at any time, for any or no reason, with or without prior notice, and without liability.

Term. This Agreement shall remain in full force and effect while you use the howtowheelchair.com services.
Eligibility. By using the howtowheelchair.com services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the howtowheelchair.com services does not violate any applicable law or regulation; and (d) you are sixteen (16) years of age or older. Your howtowheelchair.com account may be deleted and your membership may be terminated without warning, if we believe that you have violated any of the Terms of Use Agreement.
Non-commercial Use by Members. The howtowheelchair.com services are for the personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by howtowheelchair.com . Appropriate legal action will be taken for any illegal or unauthorized use of the howtowheelchair.com services. Posts deemed commercial in nature will be deleted.
Privacy. Use of the howtowheelchair.com services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Member Disputes. You are solely responsible for your interactions with other howtowheelchair.com Members. howtowheelchair.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Copyright Policy. 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. Please refer to our Copyright Policy page for more details.
Disclaimers. howtowheelchair.com is not responsible for any incorrect or inaccurate content posted on the howtowheelchair.com website. Posts created by members on the howtowheelchair.com website may contain links to other websites. howtowheelchair.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by howtowheelchair.com . Please refer to our Disclaimer page for more details.
Indemnity. You agree to indemnify and hold howtowheelchair.com , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the howtowheelchair.com services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the howtowheelchair.com Website causes howtowheelchair.com to be liable to another.
Content Posted.
1. howtowheelchair.com reserves the right to delete any discussion that in the judgment of howtowheelchair.com or any Member violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. howtowheelchair.com assumes no responsibility for monitoring the howtowheelchair.com services for inappropriate content or conduct. If at any time howtowheelchair.com chooses, in its sole discretion, to monitor the howtowheelchair.com services, howtowheelchair.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the member submitting any such content.
2. You are solely responsible for the content that you post on or through any of the howtowheelchair.com services, and any material or information that you transmit to other members and for your interactions with other members. howtowheelchair.com does not endorse and has no control over the content. Content is not reviewed by howtowheelchair.com prior to posting and does not necessarily reflect the opinions or policies of howtowheelchair.com . howtowheelchair.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
Proprietary Rights in Content on howtowheelchair.com
1. howtowheelchair.com does not claim any ownership rights in the text, works of authorship, or any other materials that you post to the howtowheelchair.com website. After posting to the howtowheelchair.com website, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By publishing ("posting") any content on or through the howtowheelchair.com website, you hereby grant to howtowheelchair.com an irrevocable infinite life limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the howtowheelchair.com website and third party sites with whom howtowheelchair.com has distribution agreements.
2. You represent and warrant that: (i) you own the content posted by you on or through the howtowheelchair.com services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the howtowheelchair.com services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the howtowheelchair.com services.
Content/Activity Prohibited. The following is a partial list of the kind of content that is illegal or prohibited to post on or through the howtowheelchair.com services. howtowheelchair.com reserves the right to investigate and take appropriate legal action against anyone who, in howtowheelchair.com ’s sole discretion, violates this provision, including without limitation, removing the offending communication from the howtowheelchair.com services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of howtowheelchair.com .com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. 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, violating someone’s privacy, or providing or creating computer viruses;
9. 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 manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other members; and
11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the howtowheelchair.com website and through your use of the howtowheelchair.com Services. howtowheelchair.com reserves the right to investigate and take appropriate legal action against anyone who, in howtowheelchair.com ’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. attempting to impersonate another member or person;
3. using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
4. using any information obtained from the howtowheelchair.com services in order to harass, abuse, or harm another person;
5. selling or otherwise transferring your profile;
6. using the howtowheelchair.com services in a manner inconsistent with any and all applicable laws and regulations.
7. advertising to, or solicitation of, any member to buy or sell any products or services through the howtowheelchair.com services. It is also a violation of these rules to use any information obtained from the howtowheelchair.com services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent; or
8. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the howtowheelchair.com services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose.
Mature Content. howtowheelchair.com does not permit mature content.
Limitation on Liability. IN NO EVENT SHALL howtowheelchair.com .COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF howtowheelchair.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, howtowheelchair.com .COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO howtowheelchair.com .COM FOR THE howtowheelchair.com SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the howtowheelchair.com services, you agree that the dispute shall be governed by the laws of the State of TN, India, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Trichy City, TN located in the State of TN. Either howtowheelchair.com .com or you may demand that any dispute between howtowheelchair.com and you about must be settled by arbitration utilizing the dispute resolution procedures of the Indian Penal Code (AAA) in Tamilnadu, India provided that the foregoing shall not prevent howtowheelchair.com .com from seeking injunctive relief in a court of competent jurisdiction.
Other. This Agreement is accepted upon your use of the howtowheelchair.com website or any of the howtowheelchair.com services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and howtowheelchair.com regarding the use of the howtowheelchair.com services. The failure of howtowheelchair.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
From time to time howtowheelchair.com will send registered users messages regarding howtowheelchair.com . By being a registered howtowheelchair.com member you agree to allow us to send messages updating you about our service, site, payments, or anything else we deem necessary for continued use of the site.
Warranty. howtowheelchair.com provides the service “as-is,” “with all faults” and “as available.” howtowheelchair.com does not guarantee the accuracy or timeliness of information available from the service. howtowheelchair.com gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. howtowheelchair.com excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that howtowheelchair.com cannot enforce a part of this contract as written. If this happens, then you and howtowheelchair.com will replace that part with terms that most closely match the intent of the part that howtowheelchair.com cannot enforce. The rest of this contract will not change. This is the entire contract between you and howtowheelchair.com regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

Please contact us at: howtowheelchair.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.