Terms of Use

WEBSITE TERMS OF USE

1. ACCEPTANCE OF TERMS

Welcome to the Lifebeyondbarriers.com Website (the “Website”), operated by Life Beyond Barriers, LLC (“LBB”), as part of an effort to find practical solutions to everyday problems encountered by people with disabilities. LBB also provides a software application for use on certain mobile devices (the “Application”). We ask that you review these Terms of Use and Software License, which constitute a binding agreement that conditions your use of this Website and the Application. You are authorized to use this Website and the Application only if you agree to these Terms of Use. PLEASE NOTE: Your use of this Website or the Application constitutes your acceptance of these Terms of Use and Software License.

You agree that we may modify these Terms of Use and Software License at any time. For thirty (30) days following a modification we will post a notice on this Website that the Terms of Use or Software License have been modified. We will have no further obligation to notify you of any modifications. It is your responsibility to review these Terms of Use and Software License from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Website. Your continued use of the Website or the Application following modification of these Terms of Use or Software License will be conclusively deemed to signify your acceptance of the modification.

2. PROPRIETARY MATERIAL

The Lifebeyondbarriers.com Website is protected by U.S. and international copyright laws and treaties.  The Website contains copyrighted material, trademarks and other proprietary information of LifeBeyondBarriers, LLC and others which may include, but is not limited to text, data, photos, audio, video, graphics, images, music, sound and software (“Proprietary Material”).  You may not reproduce, distribute, modify, adapt, create derivative works of, display or in any way exploit the Proprietary Material available on this Website, in whole or in part, without the advance written consent of LifeBeyondBarriers, LLC.  Commercial use of any of the Proprietary Material is strictly prohibited.  Use of any of the trademarks on this Website as metatags on other Websites is also strictly prohibited.  You may not display this Website in frames, or any of the Proprietary Material via links, without our express written permission, which may be requested by contacting us.

3. YOUR COMMUNICATIONS

By uploading files of any kind, posting messages, text, data, photos, audio, video, graphics, images, music, sound or software, or engaging in any other form of communication to or through this Website or the Application (individually or collectively, “Communications”), you represent and warrant that you are the owner of these Communications and/or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose.  You grant LBB a non-exclusive, irrevocable, perpetual, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, in any and all media now known or later developed.  (The foregoing sentence does not apply to Submissions, which are governed by Section 10 below.)  You agree that you will have no claim against LBB, its owners, officers, employees, sponsors, partners, collaborators, advertisers or licensors, for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of your Communications.

You agree not to post on this Website or the Application any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, sexually explicit, profane, threatening, racist, or are otherwise offensive or objectionable, (c) contain a virus, malware or other computer code designed to interrupt or impede the operation of any computer hardware, software or telecommunications equipment, or compromise or destroy any data, (d) falsely state or misrepresent your affiliation with any person or entity or contain false or misleading statements of fact, (e) contain any advertising or material of a commercial nature (f) violate any applicable local, state, national or international law or regulation or (g) interrupt, limit or otherwise affect the performance of the Website or Application or exceed our bandwidth capacity limits (individually and collectively, “Prohibited Communications”) or access or attempt to access any systems or servers on which the Website is hosted, or modify or alter the Website or Application in any way.

You agree that we may decline to post and may edit, remove, or restrict access to Communications from you that we regard in our sole discretion as objectionable or in violation of these Terms of Use.

4. OBJECTIONAL MATERIAL

It is our policy not to tolerate the posting of material that is, in our opinion, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.  For this reason, LBB reserves the right but has no obligation to monitor Communications from visitors to the Website or users of the Application, or take any action to restrict access to material displayed or distributed through the Website or Application by a third party that violates these Terms of Use.

5. DIGITAL MILLENNIUM COPYRIGHT ACT

LifeBeyondBarriers, LLC expects its users to respect the intellectual property rights of others.  We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and it is our policy to restrict the access rights of repeat infringers.  If you believe a work protected by a U.S. copyright you own has been posted on this Website without authorization, you may notify the Lifebeyondbarriers.com copyright agent, and provide the following information:

(a)A physical or electronic signature of the person authorized to act on behalf of the copyright owner,

(b)Identification of the copyrighted work or works claimed to have been infringed,

(c)A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,

(d)Your address, telephone number and e-mail address,

(e)A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, and

(f)A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

The LifeBeyondBarriers, LLC copyright agent can be reached at:

Blake A. Mathie

LifeBeyondBarriers, LLC

400 Renaissance Center, Suite 2900

Detroit, MI   48243

Phone: (313) 748-7534

Fax: (313) 259-9901

E-mail: bmathie@lifebeyondbarriers.com

6. PRIVACY POLICY

For information about our data protection practices, please read the Lifebeyondbarriers.com Privacy Policy at www.lifebeyondbarriers.com/privacy. You agree to the use of your data in accordance with the Lifebeyondbarriers.com Privacy Policy.

7. EMAIL

You may not send unsolicited e-mail to the Website or to anyone whose e-mail address includes the domain name used on this site.  You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service.  You may not pretend to be someone else – or spoof their identity – when using the Website and you may not transmit to the Website e-mail that includes false or misleading information in the return address or in the subject line.

8. MEDICAL INFORMATION

All information on the Website, including but not limited to text, data, photos, audio, video, graphics and images (“LBB Information”), whether proprietary to LBB or supplied by our owners, officers, employees, sponsors, partners, collaborators, advertisers or licensors, is provided for informational purposes only.  The LBB Information is not intended to take the place of professional medical advice, diagnosis, or treatment.  We recommend that you always seek the advice of your physician or other qualified health care provider with regard to any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.  LBB does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. Reliance on any information provided by LBB, its owners, officers, employees, sponsors, partners, collaborators, advertisers, licensors, others appearing on the Website at the invitation of LBB or other visitors to the Website, is solely at your own risk.  The Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our site.

9. LINKS

This Website and the Application may contain links to websites owned and operated by parties other than LBB.  LBB has no control over these third party websites, is not responsible for their contents and makes no representations about any material available at these sites.  Our inclusion of links to other websites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there.  Please note that once you link to another website, you are subject to the terms of use of that website.

10. SUBMISSIONS

Because we intend to serve as an incubator of inventions, business and jobs, by taking the solutions to your problems and making them commercially viable, we need to own the intellectual property rights in any challenge and/or solution you submit for consideration, together with the concepts and ideas embodied therein and the information and/or materials submitted therewith (your “Submission”).  For this reason, you should not submit a challenge or solution for consideration by LBB unless you are willing and able to transfer ownership of all the related intellectual property rights to LBB.  You represent and warrant that your Submission is original to you and does not incorporate material or infringe upon rights proprietary to another.  You further agree that LBB is not obligated to review your Submission or to take any steps to protect any intellectual property rights in your Submission.

You agree that LBB will be the sole and exclusive owner of your Submission and all intellectual property rights therein.  You shall have no rights as to ownership, use or otherwise as to such Submission.  You will not display, exhibit or otherwise show such Submission to any third party for any purpose whatsoever, in any manner whatsoever, without the prior written consent of LBB.  You hereby assign, convey and transfer to LBB all right title and interest in such Submission and all intellectual property rights therein.  You agree to sign any and all assignments and other documents we believe are necessary to evidence our ownership of the Submission and, where applicable, to enable us to file a patent application or copyright registration application.  This will enable us to make the solution available to others.

11. TERMINATION

LBB may terminate your right to access the Website or use the Application at any time in its sole discretion, with or without cause, and without notice to you.

12. DISCLAIMER OF WARRANTIES

THIS WEBSITE AND THE APPLICATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTY AS TO THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME), COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, (B) ANY WARRANTY THAT YOUR USE OF THE WEBSITE OR THE APPLICATION WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THE WEBSITE OR THE APPLICATION RESTS WITH YOU, AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY, DISEASE OR DEATH THAT MAY RESULT FROM YOUR USE OF SUCH MATERIAL.

13. LIMITATION OF LIABILITY

NEITHER LBB NOR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, COLLABORATORS, ADVERTISERS OR LICENSORS, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, FOR PERSONAL INJURY, DISEASE OR DEATH, LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES ENUMERATED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (A) THE USE OR INABILITY TO USE THE WEBSITE OR THE APPLICATION OR (B) INFORMATION OR MATERIALS AVAILABLE AT THE WEBSITE OR THE APPLICATION.  LBB, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, COLLABORATORS, ADVERTISERS AND LICENSORS, SHALL BE LIABLE ONLY FOR ACTUAL DAMAGES TO YOU, NOT TO EXCEED U.S. $1,000.  YOU MUST BRING ANY CLAIM IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE APPLICATION WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

14. INDEMNIFICATION

You agree, at your expense, to indemnify, defend and hold harmless LBB and its owners, officers, employees, agents, sponsors, partners, collaborators, advertisers and licensors from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys’ fees, arising out of your use of the Website or the Application, including but not limited to the unauthorized use of your id or password, material you access, download, submit, post, transmit or make available through the Website or the Application, your violation of these Terms of Use or Software License and your violation of any rights of any third party.

15. ELIGIBILITY; ACCESS OUTSIDE OF THE UNITED STATES

Use of the Lifebeyondbarriers.com Website and the Application are void where prohibited.  You represent that you are of legal age to form a binding contract with LBB and are not barred from using the Website or the Application by the laws of the United States or the country in which you reside.   Your personal information will be hosted and processed by LBB (or service providers acting on our behalf) in the United States,  where data protection and privacy regulations may not afford the same level of protection as the laws of certain other countries, such as the member nations of the European Union.  We make no claims that our Website or any of its contents or the Application are appropriate or may be downloaded or accessed outside of the United States.  If you access our Website or Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country.

16. REGISTRATION

In order to submit a challenge and/or solution for consideration by LBB you must be eighteen (18) years of age or older and must complete the registration process. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to these Terms of Use and Software License.
Once you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. LBB will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.

17. MOBILE APPLICATION

(a) LBB grants you a limited, personal, non-exclusive, non-transferable license to install the Application on a mobile device controlled by you, use the Application only for your own personal use, and make one (1) copy of the Application in machine readable form solely for back-up purposes, provided that you reproduce the Application in its original form and with all proprietary notices on the back-up copy.
(b) You acknowledge that the terms of your agreement with your mobile network provider will continue to apply when using this Application. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of your connection to the Application. You accept responsibility for such access charges or any other charges that may be imposed by parties other than LBB.
(c) LBB will use reasonable efforts to make the Application available at all times. However, you acknowledge that the connection between the Application and the Website server is provided via the Internet and mobile networks and thus the quality and availability of the connection may be affected by factors outside the reasonable control of LBB.
(d) LBB will not be responsible for any support or maintenance of the Application. This Application may be upgraded from time to time to add support for new functions and services.

18. GENERAL

These Terms of Use and Software License, together with the LBB Privacy Policy, constitute the entire agreement between you and LBB and govern your use of the Website and the Application, superseding any prior or contemporaneous representations or agreements. All rights not otherwise expressly granted to you by these Terms of Use and Software License are reserved to LBB.  All disputes arising out of or relating to these Terms of Use and Software License or our operation of the Website or the Application shall be governed by the laws of the State of Michigan and of the United States without regard to conflict of law principles.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan, provided that LBB shall be entitled to apply for injunctive relief in any jurisdiction.  The failure of LBB to exercise or enforce any right or provision of these Terms of Use or Software License shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use or Software License is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use and Software License shall remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Application or the Terms of Use or Software License must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms of Use and Software License are for convenience only and have no legal or contractual effect.