General Disclaimer
We are providing information and services on the Internet as a benefit and service to people with disabilities, their families and the community at large.
We do not exert editorial control over materials that are posted by third parties onto this site or materials that are e-mailed or other wise communicated by third parties to any other persons. We are not responsible for any material posted by any third party. We specifically disclaim any and all liability for any claims or damages which result from any postings by third parties. Although our site includes links providing direct access to other Internet sites, We have not participated in the development of those other sites, and do not exert any editorial or other control over those sites.
Links provided on this site are not necessarily endorsed by us unless there is a notation of endorsement of a particular link or product. The customer is encouraged to research any product prior to purchase to ensure a greater probability of satisfaction.
Please Read Internet Safety Rules Prior to Participating in Interaction in Chat Rooms etc...
Please read & understand the disclaimer and terms of use before browsing my Web pages or participating in any chats or other elements of the Access North web site..
1. Definitions.
"Access North" is the interactive on-line service operated by the Center for Independent Living of Northeastern Minnesota (CILNM) on the World Wide Web of the Internet, consisting of information services and content provided by CILNM, affiliates of CILNM and other third parties. "Consumer" means each person who establishes or accesses a connection ("Account") for access to and use of Access North.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of Access North sets forth the terms and conditions that apply to use of Access North by Consumer. By using Access North (other than to read this Agreement for the first time), Consumer agrees to comply with all of the terms and conditions hereof. The right to use Access North is personal to Consumer and is not transferable to any other person or entity. Consumer is responsible for all use of Consumer's Account (under any screen name or password) and for ensuring that all use of Consumer's Account complies fully with the provisions of this Agreement. Consumer shall be responsible for protecting the confidentiality of Consumer's password(s), if any.
(B) CILNM shall have the right at any time to change or discontinue any aspect or feature of Access North, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
CILNM shall have the right at any time to change or modify the terms and conditions applicable to Consumer's use of Access North, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Access North, or by electronic or conventional mail, or by any other means by which Consumer obtains notice thereof. Any use of Access North by Consumer after such notice shall be deemed to constitute acceptance by Consumer of such changes, modifications or additions.4. Equipment.
Consumer shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Access North and all charges related thereto.5. Consumer Conduct.
(A) Consumer shall use Access North for lawful purposes only. Consumer shall not post or transmit through Access North any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CILNM's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Consumer that in CILNM's discretion restricts or inhibits any other Consumer from using or enjoying Access North will not be permitted. Consumer shall not use Access North to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Consumers of other on-line information services competitive with Access North.
(B) Consumer shall not upload, post or otherwise make available on Access North any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Consumer. Consumer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Access North, Consumer automatically grants, or warrants that the owner of such material has expressly granted CILNM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Consumer also permits any other Consumer to access, view, store or reproduce the material for that Consumer's personal use. Consumer hereby grants CILNM the right to edit, copy, publish and distribute any material made available on Access North by Consumer.
6. Disclaimer of Warranty; Limitation of Liability.
(A) Consumer EXPRESSLY AGREES THAT USE OF ACCESS NORTH IS AT CONSUMER'S SOLE RISK. NEITHER CILNM, IT'S AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ACCESS NORTH WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ACCESS NORTH, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ACCESS NORTH.
(B) ACCESS NORTH IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE CONSUMER SPECIFICALLY ACKNOWLEDGES THAT CILNM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONSUMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CONSUMER.
(D) IN NO EVENT WILL CILNM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ACCESS NORTH, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ACCESS NORTH. CONSUMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ACCESS NORTH.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CILNM, NOR HIS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ACCESS NORTH, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, CILNM, NOR IT'S AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.