Terms of Service

7.         Acceptable Use Policy

 

You are solely responsible for the User Content you submit, through or in connection with the DL Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the DL Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Dysgraphia Life may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

 

Prohibited User Content includes, but is not limited to, material that Dysgraphia Life determines:
 

1. is patently offensive or promotes or otherwise incites 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 or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;

4. posts information that poses or creates a privacy or security risk to any person;

5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6. constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

9. 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 or providing or creating computer viruses;

10. involves commercial activities and/or sales without prior written consent from Dysgraphia Life such as contests, sweepstakes, barter, advertising, or pyramid schemes;

11. includes a photograph or video of another person that you have posted without that person's consent;

12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

 

Prohibited activities include, without limitation:

 

1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;

2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the DL Services;

3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the DL Services;

5. any automated use of the DL Services, such as, but not limited to, using scripts to send messages or posts;

6. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the DL Services;

7. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the DL Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Dysgraphia Life, or sending messages with a commercial purpose; orusing the Services in a manner inconsistent with any applicable law.

 

8.         Service Modifications

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Dysgraphia Life reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by Dysgraphia Life is not a representation that the Services are working or will always work in that manner, as Dysgraphia Life is continuously updating the Services, and these updates may not always be reflected in this Agreement.

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9.         Account Cancellation

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You may request cancellation of your account at any time throughout your use of the DLServices. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after you have returned all books that have been rented to you (if any) and all transactions have been processed including payment of assessed penalties or the cashing of any refund check, if applicable. Dysgraphia Life may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).

 

10.          Consent to Communications

 

You acknowledge that the Consent to Communications provision of this Agreement is not binding on you unless you have provided your Express Written Consent (as defined above) to this Agreement. If you have provided your Express Written Consent (as defined above), the following provisions of the Consent to Communications provision are binding on you.

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a) Agreement to Receive Communications from Dysgraphia Life

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By using the DL Services and providing your phone number and/or email to Dysgraphia Life, you agree and acknowledge that Dysgraphia Life may communicate with you via email

You understand that, should the phone number provided above cease to be a valid means to contact you or if you cease to retain ownership of the phone number, you have an obligation to provide Dysgraphia Life notification of same through email at info@dysgraphia.life . You understand and agree that, if Dysgraphia Life sends you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, Dysgraphia Life will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Dysgraphia Life to your email address book so that you will be able to receive the communications Dysgraphia Life sends to you.

By electronically providing your Express Written Consent to this consent to communications, you are confirming that you have agreed to the terms and conditions herein and you have had an opportunity to download or print a copy of the Agreement for your file.

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b) Electronic Signature

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You acknowledge that by clicking on the "I Accept", "Submit", or similar button on Dysgraphia Life’s website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.

 

c) How to Withdraw Your Consent to Communications

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You may acknowledge that you may withdraw such consent to communications by notifying Dysgraphia Life of such withdrawal (per the opt-out instructions below or per the opt-out option provided with each communication) and repeating notification of such revocation if Dysgraphia Life subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, you may receive calls from Dysgraphia Life at your phone number provided above.

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You may withdraw your consent to receive communications by writing to Dysgraphia Life at

Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183, or by contacting Dysgraphia Life via the Opt-out link at the bottom of each page of Dysgraphia Life’s website.

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If you wish to opt-out of promotional emails, you can unsubscribe from Dysgraphia Life’s promotional email list by following the unsubscribe options in the promotional email itself.

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d) Requesting Paper Copies of Electronic Communications

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Upon your request, Dysgraphia Life will send you a paper copy of the contract(s) or other material provided to you electronically pursuant to this consent. If you would like a paper copy of any of this material please write to Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183 within 30 days of the communication for which you are seeking a paper copy. There will be no charge for a paper copy of this material.

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e) Miscellaneous

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You agree to indemnify, defend, and hold Dysgraphia Life harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under Section 10, which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Dysgraphia Life will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider. Dysgraphia Life may modify or terminate its text messaging service from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other User or a third party.

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11.          Dispute Resolution and Arbitration

 

a)    Dispute Resolution 

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If a dispute arises between you and Dysgraphia Life, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Dysgraphia Life agree that any dispute, claim or controversy between us arising out of or related to the Agreement or the breach, termination, enforcement, interpretation or validity thereof, of the Services or your use of the Services (collectively, "Disputes") will be finally settled by individual binding arbitration in accordance with this “Dispute Resolution” section, and not in a court of law. This “Dispute Resolution” section shall also be referred to as the “Arbitration Agreement.” Notwithstanding the foregoing, either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
 

Without limiting the preceding sentence, you will also have the right to litigate Disputes in a court of competent jurisdiction if you provide Dysgraphia Life with written notice of your desire to do so by email to info@dysgraphia.life or regular mail at our offices located at Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183, Attn: Legal within thirty (30) days following the date you first receive this Agreement ("Arbitration Opt-out Notice"). Such notice must include your full name, address, Dysgraphia Life username, the email address you currently use to access your Dysgraphia Life account, and a clear statement that you want to opt out of this Arbitration Agreement. If you do not provide Dysgraphia Life with an Arbitration Opt-out Notice within this thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and Dysgraphia Life are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

 

b)   Class Action Waiver

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You and Dysgraphia Life agree to waive the right to have any Dispute within the scope of this Arbitration Agreement be brought, heard, administered, resolved, or arbitrated on a class, collective, or mass action basis. All Disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class, collective or mass basis, and an arbitrator shall not have any authority to hear, arbitrate or resolve any claim on a class, collective, and/or mass action basis, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”), or to consolidate arbitrations, except as provided in the Batch Arbitration section below. If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute, neither you nor Dysgraphia Life will be entitled to arbitration of such Dispute. If a court determines by means of a final decision not subject to any further appeal or recourse, that the Class Action Waiver is invalid or unenforceable with respect to a particular claim or request for relief, you and Dysgraphia Life agree that that particular claim or request for relief may be adjudicated in court, but shall be severed and the court proceeding stayed pending arbitration of the remaining claims. This Class Action Waiver does not prevent you or Dysgraphia Life from participating in a class-wide settlement of claims.

c)   Informal Dispute Resolution

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There might be instances when a Dispute arises between you and Dysgraphia Life. If that occurs, Dysgraphia Life is committed to working with you to reach a reasonable resolution. You and Dysgraphia Life agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Dysgraphia Life therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Dysgraphia Life that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to info@dysgraphia.life or regular mail to our offices located at Dysgraphia Life Dysgraphia Life Benefit Corporation, PO Box 8038, Vienna VA 22183, Attn: Legal. The notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your account and your account username; (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your claim. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a claim, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree otherwise; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree otherwise. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s claims. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

d)       Commencing the Arbitration, Arbitration Rules, Governing Law

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If the Informal Dispute Resolution Conference process above does not resolve satisfactorily the Dispute within 60 days after receipt of the notice, you and Dysgraphia Life agree that either party shall seek to finally resolve the Dispute through binding individual arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Agreement. (The AAA Rules are available at www.adr.org.)

A party who desires to initiate arbitration must provide the other party with a Request for Arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username as well as the email address associated with the account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above; and (5) the party’s portion of the applicable filing fee. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Agreement are governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. The parties acknowledge that the Agreement evidence a transaction involving interstate commerce and that notwithstanding the provision in the preceding sentence with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If for whatever reason the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply. Except as follows, the arbitrator shall have the exclusive authority to resolve any Dispute relating to the interpretation, scope, applicability, enforceability, validity or formation of this Arbitration Agreement. The exceptions to the preceding sentence are (1) all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable, illegal, void or voidable, or such Class Action Waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all Disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes arising out of or relating to whether either party has satisfied the condition precedent of engaging in the pre-arbitration Informal Dispute Resolution Conference discussed in the “Informal Dispute Resolution” section above, shall be decided only by a court of competent jurisdiction and not by an arbitrator. The parties agree that any and all due dates for arbitration fees shall be suspended, and no action for unpaid fees shall lie, while any Dispute arising out or relating to the Class Action Waiver, the payment of arbitration fees and/or the pre-arbitration Informal Dispute Resolution Conference are being resolved.

e)      Arbitrator

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The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Virginia and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process is triggered (as described below), the AAA will appoint the arbitrator for each batch.

f)       Arbitration Location and Procedure

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Unless you and Dysgraphia Life otherwise agree, or the Batch Arbitration process is triggered, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Dysgraphia Life submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator has the authority to grant motions dispositive of all or part of any claims or counterclaims.

 

g)      Batch Arbitration

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You agree that any and all Disputes not resolved by the Informal Dispute Resolution Conference process will be finally resolved by arbitration in accordance with the AAA Rules then in effect, except as modified herein. Fees will be assessed based on the AAA Multiple Consumer Case Filings fees then in effect. To increase the efficiency of administration and resolution of arbitrations, you and Dysgraphia Life agree that in the event that there are 100 or more individual Requests of a similar nature filed against Dysgraphia Life by or with the assistance of the same law firm, group of law firms or organizations within a 30 day period (or otherwise in close proximity), the AAA (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of case management fees and arbitrator compensation due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the applicability of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the Batch Arbitration process’ applicability (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Dysgraphia Life. You and Dysgraphia Life agree to cooperate in good faith with the AAA to implement the Batch Arbitration approach including the payment of single case management fees and arbitrator compensation for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section.

 

h)      Arbitrator's Decision

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The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator's award will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator's awarding of damages must be consistent with the terms of the “Limitation of Liability” section of this Agreement as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. If you prevail in arbitration, you may seek an award of reasonable attorneys’ fees and expenses, to the extent permitted under applicable law. Dysgraphia Life will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations.

i)       Fees

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Your responsibility to pay any AAA filing fees, case management fees and arbitrator compensation will be solely as set forth in the AAA Rules (see Costs of Arbitration). However, if the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Dysgraphia Life shall have the right to seek recovery of any AAA filing fees, case management fees and arbitrator compensation it has paid.

j)          Invalidity, Expiration, and Termination

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If any part or parts of this “Dispute Resolution” section are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the “Dispute Resolution” section shall continue in full force and effect to the fullest extent permitted by law. This "Dispute Resolution" section shall survive any expiration or termination of this Agreement or your relationship with Dysgraphia Life.

 

You agree that any Dispute that you have with Dysgraphia Life as detailed in this “Legal Disputes” section must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction in the U.S.

k)         Changes

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Dysgraphia Life reserves the right to change this “Dispute Resolution” section. If Dysgraphia Life changes this “Dispute Resolution” section after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), it will notify you. You agree that your continued use of Services will be deemed acceptance of those changes. If you do not agree to such changes, you may reject any such changes by sending us written notice (including by email to legal) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. In order to be effective, the notice must include your full name, address, Dysgraphia Life username, the email address you currently use to access your Dysgraphia Life account and clearly indicate your intent to reject changes to this "Dispute Resolution" section. Dysgraphia Life’s updates to this “Dispute Resolution” section do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this “Dispute Resolution” section, and you were bound by an existing agreement to arbitrate disputes arising out of or relating to this Agreement, Services or your use of the Services, the provisions of the “Dispute Resolution” section as of the date you first accepted the terms of this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Dysgraphia Life will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement. Updates to this “Dispute Resolution” section will not change your standing with respect to any litigation between Dysgraphia Life and you that is already pending in a federal or state court or an arbitration as of the date these updated Agreement go into effect (as indicated in the “Last Updated” date). Updates to this “Dispute Resolution” section will apply to any litigation or arbitration between Dysgraphia Life and you that is commenced after this Agreement go into effect (as indicated in the “Last Updated” date), including in relation to events, circumstances or claims that pre-date this update, unless you validly opt out as described above.

 

12.          Payments and Payment Processing

 

In order to utilize some DL Services or product offerings, the user of such DL Services or product offerings must pay Dysgraphia Life either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the DL Services or product offerings purchased.

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a) Billing and Payment

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If you sign up for a Dysgraphia Life paid subscription for a DL Service or product that includes a recurring fee, you agree to pay Dysgraphia Life all charges associated with the subscription, DL Service, or product you choose, as described on the website at the time you submit your payment information. You also authorize Dysgraphia Life, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Dysgraphia Life reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Dysgraphia Life to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Dysgraphia Life already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.

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b) Automatic Subscription Renewal and Cancellation

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ALL PAID PROFESSIONALS DATABASE SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PORDUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.

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FOR PROFESSIONALS DATABASE SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCIRPTION TERM.

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FOR OTHER DL SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.

 

You may cancel your paid Professionals Database subscription at any time by emailing info@dysgraphia.life. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

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c) Free Trial Offers

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Dysgraphia Life may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a DL Service on a free trial basis may have limited access to the DL Service and/or features of the DL Service. If a user signs up for a free trial subscription, unless she or he cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the DL Service, unless otherwise informed by Dysgraphia Life at the time of original subscription. If a user does not want to continue with the DL Service after the expiration of the free trial period, the DL Professional must cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the DL Service. Upon cancellation, the DL Professional’s credit card will be refunded for the amount of the most recent subscription charge so long as she or he has not used the subscription after the expiration of the free trial period.

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d) Credits

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As part of your subscription or as a promotion, we may issue you credits redeemable for products or services as described on the website. Such credits may only be redeemed via the website, have no cash value, are not redeemable for cash (except to the extent specifically required by law), and are non-transferrable and non-refundable under any circumstances. Credits have no fixed value, but may be redeemed for the lesser of (1) the cost of the goods or services for which they are redeemed; or (2) the maximum value of a credit stated on the website (which may change from time to time in the discretion of Dysgraphia Life). Credits may only be redeemed in whole increments up to the total value reflected on the Site. No partial redemptions are permitted. Credits are valid for a limited time, as described on the website and in any additional terms that may apply to the service through which the credits are issued or redeemed.

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e) Refund Policy

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Except as set forth in this Agreement or as described on the website at the time you make a purchase, all payments for subscriptions, services or products made on or through the website or DL Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.

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13.       Third-Party Links, Content and Applications

 

There may be links from the Services, or from communications you receive from the DL Services, to third-party web sites or online features. The DL Services also may include third-party content that we do not control, maintain or endorse.

 

Functionality on the Services may also permit interactions between the Services and a third-party web site or online feature, including applications that connect the Services or your profile on the Services with a third-party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third-party, which may be publicly posted on that third-party's web site. Using this functionality typically requires you to login to your account on the third-party website. We do not control any of these third-party sites or any of their content. Neither Dysgraphia Life nor its service providers are responsible for the practices of any third-party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third-party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH SUCH THIRD-PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

 

Dysgraphia Life grants you the revocable permission to link to the web sites on which these Terms of Use are posted; provided, however, that any link to such a web site: (a) must not frame or create a browser or border environment around any of the content on such web sites or otherwise mirror any part of such web sites; (b) must not imply that Dysgraphia Life or the Services are endorsing or sponsoring any third-party or its products or services, unless Dysgraphia Life has given the third-party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Dysgraphia Life's sole opinion, harm Dysgraphia Life or its products or services; (d) must not use any Dysgraphia Life trademarks without the prior written permission from Dysgraphia Life; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Dysgraphia Life's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a Dysgraphia Life Website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, Dysgraphia Life reserves the right to prohibit linking to any Dysgraphia Life Website for any reason in our sole and absolute discretion.

 

14.       Release of Liability for Conduct and Disputes; Disclaimer of Warranties

 

a)        By using the DL Services, you hereby represent, understand, and expressly agree to release and hold the Dysgraphia Life Parties (as defined in Section (b) below) harmless from any claim or controversy that may arise out of:

 

• the actions or inactions of, or the relationship between, you and any DL Professional or other users(s) of the DL Services; and

• any information, instruction, advice or services created by any DL Professional, or other third party that appeared in, or was communicated through, the DL Services.

 

b)        TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DYSGRAPHIA LIFE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DYSGRAPHIA LIFE AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, THIRD-PARTY DISTRIBUTORS AND THIRD-PARTY LICENSORS OF CONTENT SOLD THROUGH DYSGRAPHIA LIFE (COLLECTIVELY THE "DYSGRAPHIA LIFE PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE DYSGRAPHIA LIFE WEBSITES OR THE DL SERVICES; (B) THE DYSGRAPHIA LIFE CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DYSGRAPHIA LIFE OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DYSGRAPHIA LIFE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DYSGRAPHIA LIFE PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DYSGRAPHIA LIFE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR DL SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

THE DYSGRAPHIA LIFE PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD-PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY DYSGRAPHIA LIFE. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE DL SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY DYSGRAPHIA LIFE. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE DL SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR DL SERVICES. DYSGRAPHIA LIFE TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE DL SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD-PARTIES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH DYSGRAPHIA LIFE.

 

15.       Limitations of Liability; Waiver

 

IN NO EVENT SHALL THE DYSGRAPHIA LIFE PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE DYSGRAPHIA LIFE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DYSGRAPHIA LIFE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DYSGRAPHIA LIFE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DYSGRAPHIA LIFE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO DYSGRAPHIA LIFE IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE DYSGRAPHIA LIFE PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE DYSGRAPHIA LIFE PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE DYSGRAPHIA LIFE PARTIES, OR FOR THE DYSGRAPHIA LIFE PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH DYSGRAPHIA LIFE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE DYSGRAPHIA LIFE PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER DYSGRAPHIA LIFE CONTENT OWNED OR CONTROLLED BY THE DYSGRAPHIA LIFE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER DYSGRAPHIA LIFE CONTENT OWNED OR CONTROLLED BY THE DYSGRAPHIA LIFE PARTIES.

 

16.       Indemnity

 

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Dysgraphia Life Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the DL Services or activities in connection with the DL Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Dysgraphia Life Parties' use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Dysgraphia Life. You will cooperate as fully required by the Dysgraphia Life Parties in the defense of any claim. The Dysgraphia Life Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Dysgraphia Life Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Dysgraphia Life.

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17.       Copyright Infringement

 

a)         Notice and Takedown Procedure

 

Dysgraphia Life responds to valid notices of copyright infringement that adheres to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide Dysgraphia Life’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).

 

Upon receipt of a valid notice, Dysgraphia Life will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Section 512(g) of the DMCA.

 

1. A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;

2. A description of the copyrighted work that you claim has been infringed upon and the location of the original content (including the URL and title);

3. Your name, address, telephone number, and e-mail address;

4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

Be aware that a notice must contain all six points for Dysgraphia Life to take action. All other notices will be ignored.

 

b)         Designated Agent

 

Dysgraphia Life’s Designated Agent can be can be contacted at:

 

DMCA Designated Agent

Dysgraphia Life Benefit Corporation

PO Box 8038, Vienna VA 22183

Phone: 844-964-0104

E-mail: info@dysgraphia.life

 

c)         Counter-Notification Procedure

 

The provider of the allegedly infringing content may make a counter-notification pursuant to section 512(g) of the DMCA. To file a counter-notification with Dysgraphia Life please provide Dysgraphia Life’s Designated Agent (listed above) with the following information (preferably via email):

 

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

2. Your name, address, telephone number and email;

3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;

4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and

5. Your signature, in physical or electronic form.

 

Upon receipt of a counter-notification containing all five points, Dysgraphia Life will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that Dysgraphia Life will replace the removed material or cease disabling access to it in 10 business days.

 

Finally, if Dysgraphia Life’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then Dysgraphia Life will once again remove the file from its system.

 

d)         Repeat Infringers

 

In accordance with Section 512(i)(1)(A) of the DMCA, Dysgraphia Life will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers.

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e)         Fair Use Notice

 

The DL Services may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of dysgraphia. It is believed that this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

 

​18.       Assignment

 

This Agreement may not be assigned by you to any other party without Dysgraphia Life’s prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.

 

19.       Term and Termination

 

This Section does not apply to the Consent to Communications (Section 3) and the Dispute Resolution and Arbitration (Section 4) provisions of this Agreement, which are only binding on you if you have provided your Express Written Consent (as defined above) to this Agreement.

In addition to any other method of termination, suspension, or survival provided for in this Agreement, Dysgraphia Life reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Dysgraphia Life shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Dysgraphia Life of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Dysgraphia Life may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement

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20.       Governing Law

 

Our Website (excluding any linked websites) are controlled by Us from Our offices within the Commonwealth of Virginia, United States of America.  Our Website can be accessed from all fifty (50) states, as well as from other jurisdictions and countries around the world.  As each of these places has laws that may differ from those of Virginia, by using Our Website both parties agree that the statutes and laws of the Commonwealth of Virginia, without regard to Virginia’s conflicts of laws principles, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the website and the purchase of DL Services available through the website.  The parties agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Commonwealth of Virginia with respect to such matters.

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21.       Entire Agreement

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This Agreement constitute the entire agreement and understanding between the parties concerning the subject matter of this Agreement and supersedes any and all prior agreements and/or understandings of the parties with respect to the subject matter of this Agreement, excluding Our Privacy Policy.  This Agreement may not be altered, supplemented or amended by the use of any other document.  Any attempt to alter, supplement and/or amend this Agreement or to enter an order for products and/or services that are subject to additional and/or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by You and Us.  To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

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22.       Updates to this Agreement

 

THIS AGREEMENT MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES THE WEBSITE, THE NEW TERMS WILL GOVERN. To remain in compliance, Dysgraphia Life suggests that you review this Agreement, as well as the other website policies, at regular intervals. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Agreement.

Contact Information

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If you have any questions about this Agreement, please do not hesitate to contact us.

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Email us at: info@dysgraphia.life

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Call us toll-free: 844-964-0104

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