Terms and Conditions
This agreement between Disable Your Disability (DYD Fit For Life) (“DYD”) and you (the “Terms and Conditions”) sets forth the terms and conditions which govern your use of any of the DYD or DYD sponsored websites, including, but not limited to, DisableMyDisability.com (collectively, the “Websites”, individually, “Website”) and/or the services thereon provided by DYD. DYD may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THE WEBSITES IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THE WEBSITES SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. If you disagree with any part of the Terms and Conditions, do not use the Website. DYD reserves the right to modify these terms at any time. You should therefore check periodically for changes. By using this Website after any changes are made, you agree to accept those changes, whether or not you have reviewed them.
DYD reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Websites and to suspend and/or deny access to the Websites for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Although DYD makes every effort to provide up to date and accurate information, the information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and DYD does not undertake any obligation or responsibility to update or amend any such information. DYD may discontinue or change any product or service described in or offered on this Website at any time.
All right, title and interest in this Website and any content contained herein is the exclusive property of DYD. All materials on this Website are protected by copyright and intellectual property laws. This Website is intended for your personal, non-commercial use. You may print and download any information or portion of this Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without DYD ‘s prior written approval. Unauthorized use of this Website and or any DYD system, including, but not limited to, unauthorized entry into DYD ‘s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair any Website or service or interfere with any other party’s use and enjoyment of any Website or service. You may not attempt to gain unauthorized access to any Website or service, computer systems or networks connected to any Website or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Website that are contrary to applicable laws or regulations.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. DYD will fully cooperate with any law enforcement authorities or court order requesting or directing DYD to disclose the identity of anyone posting any such information or materials.
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The trademarks, logos and services marks (collectively, “Marks”) displayed on this Website are the property of DYD or a related entity. You are prohibited from using any Marks for any purpose without the written permission of DYD or such third party which may own the Marks. All information and content including any software programs available on or through the Websites (“Content”) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Websites for commercial or public purposes unless specifically allowed herein.
The Content of this Website, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Website are for informational purposes only. This Website offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice because of something you read on this Website.
Links To Other Websites
This Website contains links to third party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by DYD of any information contained in any third party website. In no event shall DYD be responsible for the information contained on that website or your use of or inability to use such website. Access to any other Internet website linked to the Website is at your own risk. You should be aware that linked websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Website. DYD is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Claims of Infringement
DYD respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, DYD will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DYD’s Copyright Agent the following information:
Identify the copyrighted work that you claim has been infringed, or-if multiple works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to DYD.
While DYD considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
If you are not completely satisfied with your DYD product, you may request a refund with a receipt for a full refund ( less shipping and handling charges if applicable).
Please include the specific reasons you are returning your the product. E-mail the original receipt and explanation to: tony (at) disablemydisability (dot) com
DYD does not warrant the quality, accuracy, or completeness of any claims, statements, or information on this Website. Further, DYD makes no representations about the suitability of any of the information and/or products shown on this Website or any other website for any purpose. Visitors who use this Website and rely on any information do so at their own risk. All products and information are provided “as is” and “as available” without warranty or condition of any kind. In no event shall DYD be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of content available on this Website.
DYD does not warrant the information, services or products provided herein or your use of this Website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. DYD will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources DYD believes to be reliable, DYD cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. You understand that DYD does not operate or control the products, services information, advice or content offered by any third party that participates in the Website. Neither DYD, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of DYD or of any vendor providing software or services. In no event will DYD or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if DYD or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DYD cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
DYD makes no representation or warranty that the content and materials on this Website and/or any services provided hereon are appropriate or available for use in locations outside the United States. Those who choose to access the Websites or use the services offered thereunder from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. DYD reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Websites and/or the services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such service or products that it provides.
DYD and you irrevocably submit to the exclusive jurisdiction of any state or federal court sitting in the City of Los Angeles, State of California over any suit, action or proceeding arising out of or related to these Terms and Conditions and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitutes the entire agreement between DYD and you with respect to this Website and it supersedes all prior or contemporaneous communications, agreements and understandings between DYD and you with respect to the subject matter hereof. Any failure by DYD to enforce, or the delay by DYD to enforce, any right granted herein shall not be deemed a continuing waiver or a modification by DYD of any such right and DYD may, within the time provided by applicable law, commence appropriate legal or equitable proceedings to enforce any or all rights granted herein, and any prior failure to enforce or delay in enforcement shall not constitute a defense.
Information We Collect
We collect various types of information from our Website visitors so we can adjust our site to meet our users’ needs and expectations. Some of this information is collected automatically through cookies and other information is collected if you decide to share information about yourself and your family so we can better keep you informed about new products.
Information Collected Automatically
The types of information your browser or Internet session automatically sends us each time you visit our Website, which we automatically collect, include:
Your computer’s operating system.
Your navigation path, i.e., the URLs of where you come to our site from, which of our pages you visit, and where you go as you leave.
Your IP address.
This and other information lets us see how users are finding our Website, and it tells us which pages are visited the most often so we can make our Website more useful.
Information You Provide to Us
In addition to the information automatically collected by your browser, we also collect information that you provide to us when you contact us or order a product such as your name, address, phone number, email address, gender, age, etc. You may decline to provide personal information, although that may result in your inability to obtain certain services or use certain features of our Website.
How We Use This Information
We collect this information that you provide, and may use it to make ordering from our Website easier by pre-populating contact forms with the information that you have provided. We do not share your information with any third-parties unless required by law. We use the information we automatically collect to help us better plan our Website to meet your needs. Information you provide to us is used for marketing purposes, and may result in follow-up communications such as alerts to new products or specials.
With Whom We May Share Information We Collect
We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
Service providers, such as credit-card payment processors, performing services on our behalf;
Other DYD businesses;
Other businesses with which we partner or which we carefully select to offer you products, services, and promotions through our website or offline; and
Other third parties in limited circumstances, such as reporting suspected criminal activity, complying with legal requirements, preventing fraud, and protecting the safety of our users.
We may share aggregated, anonymous information in any of the above situations and also with service providers, advertisers and others for our own marketing purposes and for purposes of improving the manner in which, and to whom, we offer our services.
Your Rights and Our Obligations
DYD respects the privacy of users visiting our Website. In addition to our communications to you, we may use certain directory information that we have collected to send you information about products and services, or updates and other information we think may be of interest to you. Please contact us to request your name and address be removed from our lists. If you do not want to receive our e-mail marketing, please submit a request to have your e-mail address removed by emailing: DYD (at) tonyjacobsen (dot) com
We may disclose information about our users, including your personal information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Website and applicable laws; or to protect the legal rights, interests, or safety of the Website, our users or others. We may also use device identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
Measures to Protect Your Information
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
How “Cookies” Help You
Like most standard website servers, we use log files. This includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Links Provided By DYD
Our Website may contain links to other websites external to our Website. When you access these external websites, the providers of the websites will have access to certain information about you. DYD is not responsible for the privacy practices or the content of any websites which we do not directly control.
Notification of Changes
Protection of Children
We do not request personally identifiable information online from children under the age of 13 and we do not knowingly accept personally identifiable information from children under that age. If you are under 13 do not use our Website. If we discover that a child under 13 has submitted information to our Website, we will delete this information as soon as possible.