Terms and Conditions
Welcome to DisabilityScoop.com (the “Website”), owned and published by Disability Scoop, LLC (“Disability Scoop,” “we,” or “us”). Please carefully read these Terms and Conditions, which govern your use of the Website. By using the Website, you agree to these Terms and Conditions.
1. Publishing Schedule. Disability Scoop is a limited liability company organized under the laws of the State of Tennessee, with principle offices in Memphis, Tennessee. We are the nation’s premier source for developmental disability news offering daily coverage of autism, intellectual disability, cerebral palsy, Down syndrome, and more. Disability Scoop generally publishes each weekday but reserves the right to take periodic publishing breaks and makes no guarantees about the frequency or volume that new content will be published. Furthermore, nothing in these Terms and Conditions, or in Disability Scoop’s Privacy Policy (incorporated herein by reference) shall be construed as obligating us to continue operations, or to bind us to any users in any way if we choose to discontinue operations.
2. Copyright. You acknowledge that the materials on the Website (including, but not limited to, text, photos, images, graphics, illustrations, audio recordings, videos, and/or films) are protected by copyright and other proprietary rights, and you agree not to copy, publish, transmit, download, distribute, or otherwise use or appropriate these materials in any way without our prior written consent. You also agree not to embed or frame any of the content on the Website without our prior written consent. Further, you will not scrape, decompile, reverse engineer, or use other technology to copy in whole or in part any materials from the Website, including the Website source code, for republication or any other purpose. Any unauthorized uses of our materials will result in an immediate breach of these Terms and Conditions, as well as other applicable laws. If you believe that material on the Website infringes the copyrights of another person or entity, please contact us.
3. Trademarks. The Disability Scoop trademarks, service marks, product and service names, and other source-identifying indicia (the “Disability Scoop Marks”) are owned by us, and you agree not to use the Disability Scoop Marks in any manner without our prior written consent.
4. Third-Party Content. The content of third parties, including links to stories, job postings, and advertisements displayed and/or served on the Website are the property of their respective parties and are provided for informational purposes only. We have not reviewed the content of all sites linked to from our Website or third-party content displayed and/or served on the Website, and we are not responsible for this content and do not endorse the third-party providers of this content.
5. Submissions.
(a) We do not claim any ownership rights in any comments or other content submitted by you to the Website (“Submissions”). Nonetheless, you hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, assignable, worldwide license to modify, delete from, add to, translate, publicly perform, publicly display, reproduce, distribute, create derivative works based upon, and otherwise use the Submissions, in whole or in part, for advertising or any other lawful purpose, in any media formats or channels now existing or hereafter created. We retain the right to edit, modify, or remove Submissions, in whole or part, at any time and without notice. You also agree that we may identify you as the author of your Submissions by name, screen name, or otherwise as we deem appropriate. You release and hold harmless Disability Scoop and its affiliates from any and all claims you might have for copyright infringement, trademark infringement, defamation, or violations of your right of privacy and publicity arising from your Submissions.
(b) Disability Scoop accepts no responsibility whatsoever in connection with or arising from your Submissions, including but not limited to disputes with third parties arising from such Submissions. You represent and warrant that your Submissions will not be obscene, vulgar, abusive, threatening, or libelous, or otherwise defamatory, will not infringe on the rights of any entity or individual, including but not limited to copyright, trademark, and/or privacy and publicity rights, and will not otherwise violate any local, state, federal, or international laws. We reserve the right to prevent you from submitting Submissions to the Website, including but not limited to comments, job postings, and advertisements, and to restrict, delete, or remove such Submissions for any reason at any time.
(c) We do not endorse and have no control over Submissions submitted to the Website. Submissions submitted to the Website are not necessarily reviewed by us prior to posting and do not necessarily reflect the opinions or policies of Disability Scoop. We make no warranties, express or implied, as to any Submissions or their accuracy and reliability.
6. Website Security. You agree not to make any attempt to violate the security of the Website or the Website’s host server(s). You are prohibited from accessing or attempting to access data on the Website or the Website’s host server(s) to which you are not an authorized user, including user accounts and administrative areas. You agree you will not make any attempt to probe, scan, or test the vulnerabilities or capabilities of the Website or the Website’s host server(s).
7. Communicating with Disability Scoop. When contacting Disability Scoop, you agree to be truthful about your identity, any pertinent affiliations, and your intentions. Further, you agree that any information or materials you may receive or otherwise obtain from Disability Scoop may be confidential in nature and will be used for the sole purpose stated in your communications with us. You agree not to use any materials or information solicited or otherwise obtained from Disability Scoop to advance competing business interests.
8. Age Requirement. You may not use the Website if you are under the age of 13. If you are 13 years of age or older, but under the age of 18, you may only access the Website under the supervision of a parent or legal guardian and subject to his or her consent to the terms of this Privacy Policy and these Terms and Conditions. By creating or registering for any type of account on Disability Scoop, you assert that you are 18 years of age or older and agree not to share or otherwise make available your account login and password to others outside of your household. You also agree to notify us immediately of any unauthorized use of your account login or password or any other breach of security.
9. Informational Purpose. The services provided by Disability Scoop are intended only to provide general information and entertainment. These services should be utilized only with the express understanding that Disability Scoop and our affiliates (including but not limited to contributors and guest professionals) are not engaged in rendering legal, medical, financial, or other professional services. If such services or other expert assistance is required, the services of an experienced attorney, doctor, or other professional should be sought.
10. Membership/Subscriptions. Disability Scoop may offer an opportunity for you to purchase a paid membership and/or subscription to the Website. For the avoidance of doubt, purchasing a paid membership and/or subscription does not confer to you any voting rights, ownership stake, interest, claim, or authority of any kind over the Website, its content, or operations of Disability Scoop. You further understand and agree that by electing to “join,” “subscribe” to, or “become a member” of Disability Scoop, you shall not be confused in any way with Disability Scoop employees, members, owners, agents, or other representatives.
11. Rates, Cancellation and Refund Policy. Paid memberships and/or subscriptions will be charged at a monthly or annual rate, depending on the option selected at the time of your order. You will be charged on a recurring basis until you cancel. Any cancellation will take effect at the start of your next billing cycle. There will be no refunds for any reason including but not limited to termination of your account by Disability Scoop. Disability Scoop reserves the right to change its minimum rates at any time. If you are paying less than the new minimum rate, you will be notified by email at the address associated with your account that your rate will be changed to the new minimum rate. Rate changes will take effect at the start of your next billing cycle. You are responsible for all sales and use taxes that may be due in connection with purchasing paid memberships and/or subscriptions from Disability Scoop. Information about rates, cancellations, and refunds for job postings purchased from Disability Scoop are detailed separately in Disability Scoop’s Terms of Sale.
12. Communications. You agree we can communicate with you by mail, email, telephone, or by posting notices on the Website.
13. Disclaimers.
(a) While we do our best to prevent viruses, worms, and other harmful materials from being distributed through the Website, we do not warrant that materials on the Website or available for download from the Website will be free of such materials. We will not be held liable for any damage, no matter how remotely related, caused by the use of the Website. Users assume all risk when viewing or otherwise accessing the Website.
(b) We will make reasonable efforts to keep the Website service available on an ongoing basis. You may experience poor performance or temporary unavailability from time to time based on the need for us to provide maintenance or reasons beyond our control. We shall not be liable for any poor performance or unavailability of the Website.
(c) THE MATERIAL ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED BY MEANS OF THE WEBSITE) ARE PROVIDED AS IS TO THE EXTENT PROVIDED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
14. LIMITATION OF LIABILITY. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR USE OF THE WEBSITE, AND YOU HEREBY RELEASE US AND OUR AFFILIATES, EMPLOYEES, OWNERS, AGENTS, AND OTHER REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
15. Indemnification. You agree to indemnify and hold Disability Scoop and its affiliates, employees, members, owners, agents, and other representatives harmless from any and all claims, damages, costs, and expenses (including attorneys’ fees) arising from or in relation to your use of the Website (including any financial losses or damage to hardware, software, or other equipment), your Submissions to the Website, and/or your breach of any representation, warranty, or other provision of these Terms and Conditions. For the avoidance of doubt, this will include disputes that are settled out of court or resolved through mediation or arbitration, at our election.
16. Termination of Access. We reserve the right to bar your further use of the Website at any time, with or without cause, and without prior notice. We also reserve the right to pursue any and all remedies available to us for any breach of these Terms and Conditions. You agree we will not be liable to you or anyone else for any termination of your access, or any modification or discontinuance of the Website or any service or product offered through the Website.
17. Governing Law. These Terms and Conditions shall be governed by the laws of the United States and the State of Tennessee, without regard to its conflict of law principles. If any term or provision of these Terms and Conditions is found to be unenforceable, the remaining terms and provisions shall survive in full force and effect. Venue and jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the federal district court in Memphis, Tennessee, or if the district court does not possess subject matter jurisdiction, then to the jurisdiction of the state courts of Shelby County in Memphis, Tennessee. You waive any defense or objection otherwise available based on jurisdiction, venue, or the doctrine of forum non conveniens.
18. Revisions to Terms and Conditions. We retain the right to alter and/or terminate these Terms and Conditions at any time without notice. The current Terms and Conditions at any given time supersede any and all previous Terms and Conditions. At our option, we may notify users of changes to these terms through advisement on the Terms and Conditions hyperlink on the Website. Any modification is effective as of the posting of the change.
19. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to the Website, excepting only Disability Scoop’s Privacy Policy and, as it relates to Employers and/or Recruiters, Disability Scoop’s Terms of Sale. Failure by us to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with the Website and we will cooperate with law enforcement officials as appropriate.
Please note that our Privacy Policy also governs use of the Website.
These Terms and Conditions were last updated on June 25, 2018.