Terms of Use - WhoisAccessible.com

Last updated: February 12, 2020.

AGREEMENT TO TERMS

These Terms of Use establish a legally conclusive agreement made between you, whether personally or on behalf of an entity (“you”) and WhoisAccessible.com (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.whoisaccessible.com website as well as any other media form, media channel such as YouTube, mobile Website or mobile application related, linked, or otherwise connected to it such as SlideShare (collectively, the “Site” or “Website”). You concede that by accessing our Site, you have read, understood, and acknowledge to be bound by all of these Terms of Use. WE EXPRESSLY PROHIBIT YOU FROM USING THE SITE AND KINDLY DISCONTINUE USE IF YOU DO NOT AGREE WITH ALL OF OUR TERMS OF USE.

We expressly incorporated herein by reference, supplemental terms and conditions or documents that may be updated on the Website intermittently. We reserve the right to make changes to these Terms of Use at any period, for any reason, and in our exclusive vigilance. We may inform you when changes are made by revising the “Last Updated” date of these Terms of Use, and you abandon any right to receive specific notice of each such change. We encourage you to periodically review these Terms of Use to stay informed of updates. You will be presumed to have been acquainted with, and to have acknowledged, the changes in any updated Terms of Use by your extended use of WhoisAccessible.com after the date of posting such updated Terms of Use.

Kindly note that the details provided on the Website are not prearranged for distribution to or use by any entity or body in any jurisdiction or country where such circulation or use would be against the law or regulation or which would make us prone to any admission requirement within such country or jurisdiction. Accordingly, by accessing the Site from other locations, you do so on your own initiative and will be exclusively responsible for conformance with local laws, if and to the extent local laws are applicable.

Whoisaccessible.com is intended for web users who are above 18 years old. Individuals below the age of 18 are not allowed to use or register for the Site.

Cookie Policy

Please read our Cookies Policy.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Site is our property, and all source code, databases, functionality, audio, video, text, software, website designs, photographs, and graphics on WhoisAccessible.com (collectively, the “Content”) and the trademarks, service marks, and logos enclosed therein (the “Marks”) are owned or guarded by us or licensed to us, and are sheltered by copyright and trademark laws and different other intellectual ownership rights and unfair competition laws of the United States, foreign authority, and international conventions. The Content and the Marks are presented on WhoisAccessible.com “AS IS” for your details and personal use only. Except as expressly administered in these Terms of Use, no part of the Site or Website and no Marks or Content may be copied, duplicated, uploaded, posted, aggregated, republished, publicly displayed, encoded, distributed, transmitted, translated, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you are eligible to use our Site, (including WhoisAccessible.com) you are granted a limited license to operate and use the Site and a limited license to download or print a copy of any fragment of the Content to which you have accordingly gained access purely for your personal, non-commercial use. We reserve all rights not expressly permitted to you in and to our Site, the Content, and the Marks.

USER REPRESENTATIONS

By using WhoisAccessible.com, you represent and affirm that: (1) all registration details you submit will be true, accurate, and complete; (2) you will maintain the accuracy of such details and will promptly update such registration details as required; (3) you have the legal capacity, and you admit to observing these Terms of Use; (4) you are not a minor (below 18) in the authority or country in which you reside; (5) you will not access our Site through automated or non-human means, whether via a bot, script or otherwise; (6) you will not make use of our Site for any illegal or unauthorized function; and (7) your use of WhoisAccessible.com will not breach any appropriate law or regulation.

We have the sole right to suspend or annul your account and dismiss any and all current or future use of WhoisAccessible.com (or any portion thereof) if you provide any details that are untrue, inaccurate, or incomplete, or breach any of the above.

USER REGISTRATION

You may be required to register with WhoisAccessible.com. We reserve the right to withdraw, reclaim, or change a username you select if we determine, in our sole vigilance, that such username is inappropriate, obscene, or otherwise objectionable. You consent to keep your password intimate and will be liable for all use of your account and password.

PROHIBITED ACTIVITIES

You may not access or use WhoisAccessible.com for any purpose other than that for which we make the Site available. This Site may not be used in association with any commercial endeavors except those that are categorically affirmed by us.

As a user of WhoisAccessible.com, you agree not to:

Systematically retrieve data or other content from WhoisAccessible.com to constitute or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us.
Trick, defraud, or mislead other web users and us particularly in an endeavor to learn delicate account information e.g., user passwords.
Circumvent, impair, or otherwise interfere with security-related features of the Website, inclusive of features that impede the accessibility or copying of any of our reviews or guidelines (Content) or administer limitations on the use of the Site and/or the Content incorporated therein.
Disparage, or otherwise harm, in our assessment, us, and/or the Site.
Use any details retrieved from our Site to harass, abuse, or harm another web user.
Make improper use of our support services in any way, such as submitting false reports of abuse or misconduct.
Use our Site in a manner that is inconsistent with any applicable laws or regulations.
Use WhoisAccessible.com to advertise or offer to sell any form of goods and services.
Participate in illegitimate framing of or linking to WhoisAccessible.com.
Upload or transmit (or attempt to) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (regular posting of repetitive text), that impede any party’s uninterrupted use and indulgence of our Site or modifies, disables, disrupts, alters, or impedes with the use, features, functions, operation, or maintenance of the Site.
Perform any automated use of the scheme, such as utilizing scripts to send comments or messages, or using any data mining, robots, or comparable data collection and extraction tools.
Delete the copyright or other proprietary rights notice from any of our Content, including guidelines and reviews.
Attempt to impersonate another web user or person or use the username of another web user.
Sell or otherwise transfer your profile.
Upload or transmit (or attempt to) any material that acts as a passive or active details gathering or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other comparable devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Impede, disrupt, or create an undue afflict on WhoisAccessible.com or the networks or services connected to the Site.
Intimidate, harass or threaten any of our employees or agents that are engaged in providing any portion of the Site to you.
Try to bypass any allowance of our Site devised to restrict access to WhoisAccessible.com, or any portion of the Site.
Copy or adapt the Website’s software, comprising but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, disassemble, or reverse engineer any of the software consisting or in any way making up a part of the Website.
Except as a result of a standard search engine or Internet browser usage, use, establish, launch or apportion any automated system, inclusive of without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Site, or using or launching any illegitimate script or other software.
Make any unauthorized use of WhoisAccessible.com, including collecting usernames and/or email addresses of users by electronic or other means for any use such as sending an unwelcome email, or generating user accounts by automated means or under false pretenses.
Use WhoisAccessible.com as part of any effort to compete with us or otherwise use our Site and/or the Content (including reviews and guidelines) for any revenue-generating endeavor or commercial enterprise.

USER GENERATED CONTRIBUTIONS

Our Site may invite you to chat, contribute to, or participate in articles and blogs, online forums, message boards, and other functionality, and may afford you with the chance to create, post, submit, display, transmit, publish, perform, distribute, or broadcast content and materials to us or on WhoisAccessible.com, inclusive of but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal details or other material (collectively, “Contributions”). Your Contributions may be accessible by other users of the Site and through third-party websites. As such, any Contributions you disseminate may be handled as non-confidential and non-proprietary. When you initiate or make accessible any Contributions, you thereby represent and uphold that:

The creation, distribution, public display, transmission or performance, and the accessing, or copying of your Contributions will not, and do not infringe the proprietary rights, inclusive of but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You own or have the appropriate licenses, rights, consents, releases, and permissions to use and to authorize us, WhoisAccessible.com, and other users of our Site to use your Contributions in any form contemplated by the Site and these Terms of Use.
You have the written acknowledgment, and/or permission of each and every attributable individual in your Contributions to utilize the name or likeness of every such attributable individual to enable inclusion and utilize your Contributions in any way deemed fit by the Site and these Terms of Use.
Your Contributions on our Site are not false, inaccurate, or misleading.
Your Contributions on our Site are not unsolicited or unauthorized advertising, pyramid schemes, chain letters, spam, mass mailings, promotional materials, or other forms of solicitation.
Your Contributions are not obscene, lewd, violent, lascivious, filthy, harassing, defamatory, libelous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, intimidate, mock, disparage, or abuse anyone in or outside the Site.
Your Contributions on our Site do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions on our Site do not violate any applicable law, regulation, or rule.
Your Contributions on our Site do not violate the privacy or publicity rights of any third party.
Your Contributions on WhoisAccessible.com do not incorporate any material that solicits personal details from anyone below the age of 18 or exploits people below the age of 18 in a sexual or violent manner.
Your Contributions on our Site do not violate any federal or state law relating child pornography, or otherwise aimed to protect the health or well-being of minors;
Your Contributions on our Site do not include any offensive comments that are associated with race, sexual preference, national origin, gender, or physical handicap.
Your Contributions on WhoisAccessible.com do not otherwise breach or link to material that breaches, any provision of these Terms of Use, or any appropriate law or regulation.

Any use of our Site in breach of the foregoing breaches these Terms of Use and may result in, among other things, abortion or postponement of your rights to access the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of WhoisAccessible.com, you automatically grant, and you represent and accredit that you have the right to grant, to us an unrestricted, irrevocable, unlimited, non-exclusive, transferable, fully-paid, royalty-free, worldwide right, and license to host, use, copy, reproduce, sell, resell, disclose, publish, store, cache, publicly perform, broadcast, retitle, archive, publicly display, transmit, reformat, translate, excerpt (in whole or in part), and circulate such Contributions (including, without limitation, your image and voice) for any aim, including commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and enable sublicenses of the foregoing. The use and circulation may occur in any media formats and through any media channels.

This license will apply to any setup, media, or technology now known or hereafter developed (in the future), and includes our use of your name, your company name, and franchise name, as applicable, and any of the trademarks, trade names, service marks, logos, and personal and commercial images you provide. You forgo all moral rights in all your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

WhoisAccessible.com does not claim any ownership over your Contributions. You cling to full ownership of all of your Contributions on our Site and any intellectual property rights or other proprietary rights related to your Contributions. WhoisAccessible.com is not liable for any statements or representations in your Contributions provided by you in any area on any of our Sites. You are exclusively responsible for your Contributions on our Site, and you expressly agree to acquit us from any and all responsibility and to refrain from any legal action against us as regards your Contributions.

We have the right, in our exclusive vigilance, (1) to edit, redact, or otherwise change any Contributions on our SIte; (2) to re-categorize any Contributions to place them in more appropriate locations on our Site; and (3) to pre-screen or delete any Contributions on our Site at any time, without prior notice. We have no commitment to constantly inspect your Contributions.

GUIDELINES FOR REVIEWS

We may present some areas on the WhoisAccessible.com for you to leave reviews or ratings. When posting a review, you must comply with the ensuing criteria: (1) you should have firsthand experience with the entity (product i.e., web accessibility solution) being reviewed; (2) your reviews or ratings must be free from offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews on WhoisAccessible.com should not consist of discriminatory references based on religion, race, age, gender, national origin, marital status, sexual orientation, or disability; (4) your reviews on WhoisAccessible.com must not contain references to illegal activity; (5) you mustn’t post negative reviews because you’re affiliated with competitors; (6) you should desist from making any conclusions as to the legality of conduct; (7) you should not post any false or misleading statements on the Site; and (8) do not organize a campaign encouraging others to post reviews, whether positive or negative on any of our Site.

It is possible we accept, reject, or remove web accessibility solutions reviews in our sole vigilance. We have absolutely no liability for screening every review or for deleting reviews, even if anyone considers reviews inaccurate. Web accessibility solution reviews are not approved by us and do not necessarily represent our assessments or the views of any of our affiliates. WhoisAccessible.com does not assume obligation for any review or for any claims, liabilities, or damages resulting from any of the reviews. By posting a web accessibility solutions review, you hereby grant to us a perpetual, royalty-free, fully-paid, non-exclusive, worldwide, assignable, and sublicensable right and license to reproduce, translate, modify, transmit by any means, display, perform, and/or circulate all content relating to any of the reviews.

SUBMISSIONS

You endorse and agree that any questions, comments, suggestions, ideas, feedback, or other details regarding our Sites (“Submissions”) provided by you (the web user) to us are non-confidential and shall become our sole property. WhoisAccessible.com shall own absolute rights, including all intellectual property rights, and shall be entitled to the unlimited use and circulation of these Submissions for any lawful purpose, commercial or otherwise, without any acknowledgment or compensation to you. You also hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions on our Sites are authentic with you or that you have every right to submit such Submissions. You also agree there shall be no recourse against us for any purported or definite infringement or misconduct of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

WhoisAccessible.com may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, images, text, graphics, music, sound, video, information, pictures, designs, applications, software, and other content or items owned by or emanating from third parties (“Third-Party Content”). Such Third-Party Websites and their Content are not investigated or monitored for accuracy, or completeness by us, and WhoisAccessible.com is not responsible for any Third-Party Websites you access through our Site or any Third-Party Content posted on, or available through the Site, including the content, accuracy, reliability, offensiveness, opinions, privacy practices, or other policies of or contained in the Third-Party Websites or their Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any of their Content does not imply approval or affirmation thereof by us. If you decide to leave WhoisAccessible.com and access the Third-Party Websites or to use or install their Content or product, you do so at your own risk and be aware that these Terms of Use no longer govern during that activity. We advise you to inspect the applicable privacy and data gathering practices, including terms and policies of all the websites you navigate from WhoisAccessible.com or relating to any applications you use from our Site. We take no obligation whatsoever in relation to any purchases you make through Third-Party Websites since it will be through other websites and from other companies, and are exclusively between you and the applicable third party you visited. You agree and endorse that we do not acknowledge the products or services offered on Third-Party Websites, and you shall not hold us responsible for any harm caused by your purchase of such Third-Party products or services. More so, you shall not hold us responsible for any losses sustained by you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We (WhoisAccessible?) reserve the right, but not the burden, to (1) invigilate our Site for violations of these Terms of Use; (2) take applicable legal action against anyone who, in our sole vigilance, breaches the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole vigilance and without constraint, refuse, restrict access to, reduce the availability of, or debilitate (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole prudence and without limitation, or liability, to remove from any of WhoisAccessible.com or otherwise, disable all files and content that are enormous in size or are in any way of a burden to our systems; and (5) otherwise manage any of our Site in a manner designed to conserve our rights and property and to expedite the proper functioning of the Site.

PRIVACY POLICY

We value our data privacy and security. Please review our Privacy Policy. By using any of our Sites, you concede to be bound by our Privacy Policy, which is fused into these Terms of Use. Kindly note that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection (the European Union, Asia), use, or disclosure that is different from appropriate laws in the United States, then through your extended use of WhoisAccessible.com, you are ceding your data to the United States, and you expressly consent to have your data ceded to and refined in the United States. Further, we do not consciously obtain, request, or solicit details from children or consciously market to children. Therefore, in conformance with the U.S. Children’s Online Privacy Protection Act, if we obtain definite knowledge that anyone below the age of 13 has presented personal details to us without the verifiable parental consent, we will exonerate that detail from the Site as quickly as is rationally practical.

COPYRIGHT INFRINGEMENTS

We regard the intellectual property rights of others. If you believe that any material accessible on or through our Site infringes upon any copyright you own or manage, please alert us using the contact information provided below (a “Notice”). A copy of your Notice will be forwarded to the person responsible for posting or storing the material addressed in the Notice. Kindly be advised that pursuant to federal law, you may be held accountable for damages if you make material misrepresentations in a Notice. Thus, if you are unsure that material located on or linked to WhoisAccessible.com infringes your copyright, you should contemplate first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall persist in full force and effect while you use any of our Sites. WITHOUT LIMITING ANY OTHER ARRANGEMENT OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE VIGILANCE AND WITHOUT NOTICE OR OBLIGATION, DENY ACCESS TO THE USE OF OUR SITE (INCLUDING PREVENTING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY CONTAINED IN THESE TERMS OF USE OR OF ANY RELEVANT LAW OR REGULATION. WE MAY ALSO DISCONTINUE YOUR USE OR CONTRIBUTION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR DETAIL THAT YOU POSTED AT ANY TIME, WITHOUT PRIOR WARNING, IN OUR SOLE VIGILANCE.

If we discontinue or suspend your account for any reason, you are restricted from registering and devising a new account under your name or under a fake or borrowed name, even if you register on behalf of the third party. In addition, we reserve the right to take necessary legal action, including without limitation seeking civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change or remove the contents of any of our Site at any time at our sole vigilance without notice. However, we have no commitment to revise any information on WhoisAccessible.com. We also reserve the right to halt or change all or part of any of our Sites without notice at any time. We will not be accountable to you or any third party for any adjustment, price change, suspension, or halting of our Site.

We equally cannot guarantee the Site will be available at all times. It is possible we observe hardware, software, or other issues or need to perform maintenance associated with the Site, resulting in interruptions, errors, or even delays. WhoisAccessible.com reserve the right to revise, update, suspend, halt, or otherwise modify our Site at any period or for any excuse without notifying you (the web user). You agree that we have no burden whatsoever for any damage or inconvenience arising from your inability to access the Site during any downtime or halting of our Site. No part of these Terms of Use will be construed to commit us to preserve and support the Site or to supply any updates, or releases in association therewith.

GOVERNING LAW

These Terms of Use and your use of our Site are guided by and construed in compliance with the laws of the United States applicable to agreements made and to be entirely performed within the United States of America, without concern to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To accelerate settlement and control the cost of any controversy, or claim associated to these Terms of Use (each a “Dispute” and cooperatively, the “Disputes”) brought by either you (the web user) or us (individually, a “Party” and cooperatively, the “Parties”), the Parties consent to first seek to negotiate any controversy (except those controversies expressly provided below) informally for at least thirty (30) days before commencing arbitration. Such informal arbitration commences upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are not able to settle a Dispute through informal arbitrations in at least thirty (30) days, the controversy (except those controversies expressly excluded below) will be finally and absolutely resolved through binding arbitration. YOU ACCEPT THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The negotiation shall be commenced and managed under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where earmarked, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are accessible at the AAA website. Your arbitration fees and your share of arbitrator restitution shall be guided by the AAA Consumer Rules and, where suitable, limited by the AAA Consumer Rules. If such costs are decided by the arbitrator to be enormous, we will pay all arbitration fees and expenses. The arbitration may be managed in person, through the capitulation of documents, by phone, or online. The arbitrator will make a resolution in writing but does not provide a statement of reasons unless demanded by either Party. The arbitrator must follow suitable law, and any award may be confronted if the arbitrator fails to do so. Except where otherwise demanded by the suitable AAA rules or suitable law, the arbitration will commence in United States County, New York. Except as otherwise afforded herein, the Parties may prosecute in court to enforce arbitration, stay proceedings pending arbitration, or to assert, change, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a quarrel move on to court rather than arbitration, the quarrel shall be initiated or prosecuted in the state, and federal courts located in the United States and the Parties hereby agree to and abandon all defenses of lack of personal jurisdiction, and forum non-conveniens with regards to venue and jurisdiction in such state and federal courts. Utilization of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is withdrawn from these Terms of Use.

In no circumstance shall any quarrel brought by either Party linked in any way to WhoisAccessible.com be initiated more than one (1) year after the cause of action arose. If this provision is discovered to be illegal or null, then neither Party will elect to intervene any quarrel falling within that portion of this arrangement found to be illegal or null, and such quarrel shall be decided by a court of adequate jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties consent that any mediation shall be limited to the quarrel between the Parties personally. To the full scope allowed by law, (a) no arbitration shall be combined with any other proceeding; (b) there is no right or jurisdiction for any quarrel to be mediated on a class-action basis or to utilize class action agendas, and (c) there is no right or jurisdiction for any quarrel to be brought in a purported representative capacity on behalf of the entire public or any other individual.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following quarrel are not subject to the above provisions regarding informal arbitration and binding negotiation: (a) any quarrel seeking to implement or protect, or concerning the legitimacy of, any of the intellectual property rights of a Party; (b) any quarrel related to, or arising from, accusations of theft, piracy, infringement of privacy, or even unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegitimate, then neither Party will seek to negotiate any quarrel falling within that portion of this provision found to be unenforceable and such quarrel shall be decided by a court of adequate authority within the courts listed for authority or jurisdiction above, and the Parties consent to submit to the personal authority of that court.

CORRECTIONS

There may be details on WhoisAccessible.com that contain inaccuracies or omissions, including descriptions, typographical errors, pricing, and various other information about web accessibility solutions and web accessibility guidelines and standards. We reserve the right to appropriate any inaccuracies, errors, or oversight and to update the information on our Site at any period, without prior notice to any web user.

DISCLAIMER

WhoisAccessible.com IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU ADMIT THAT YOUR USE OF ANY OF OUR SITE AND OUR SERVICES WILL BE AT YOUR EXCLUSIVE RISK. TO THE FULLEST SCOPE ALLOWED BY LAW, WE DISAVOW ALL WARRANTIES, EXPRESS OR IMPLIED, IN ASSOCIATION WITH WhoisAccessible.com AND YOUR USE THEREOF, INCLUDING, WITHOUT CONDITION, THE IMPLIED ASSURANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR FUNCTION (SUCH AS PURCHASE), AND NON-INFRINGEMENT. WE MAKE NO ASSURANCE OR REPRESENTATIONS ABOUT THE ACCURACY OF THE WhoisAccessible.com’s CONTENT, OR THIRD-PARTY CONTENT (WEBSITES LINKED TO OUR SITE) AND WE WILL ACCEPT NO RESPONSIBILITY FOR ANY (1) ERRORS, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY IMPAIRMENT, OF ANY NATURE WHATSOEVER, CULMINATING FROM YOUR ACCESS TO AND USE OF WhoisAccessible.com, (3) ANY UNAPPROVED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DETAIL AND/OR FINANCIAL DETAIL SAVED THEREIN, (4) ANY DISRUPTION OF TRANSMISSION TO OR FROM WhoisAccessible.com, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE CONVEYED TO OR THROUGH WhoisAccessible.com SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR LAPSES IN ANY CONTENT/ACCESSIBILITY SOLUTION REVIEW AND MATERIALS OR FOR ANY DAMAGE OR HARM OF ANY KIND INCURRED DUE TO THE USE OF ANY CONTENT POSTED OR MADE ACCESSIBLE VIA THE SITE. WE DO NOT CERTIFY, AFFIRM, GUARANTEE, OR ACCEPT RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED THROUGH OUR SITE BY A THIRD PARTY, ANY HYPERLINKED WEBSITE, OR ANY MOBILE APPLICATION OR WEBSITE DISPLAYED IN ANY BANNER, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR OBSERVING ANY AFFAIR BETWEEN YOU AND ANY THIRD-PARTY, PRODUCTS OR SERVICES PROVIDERS. AS WITH ACQUIRING OF A SERVICE OR PRODUCT VIA ANY MEDIUM OR IN ANY ENVIRONMENT, WE ADVISE YOU USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE NECESSARY.

LIMITATIONS OF LIABILITY

IN NO CASE WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO ANY WEB USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOSS OF PROFIT OR DATA, OR OTHER LOSSES ARISING FROM YOUR USE OF WhoisAccessible.com OR ANY OF OUR SITE, EVEN IF WE HAVE PRIOR WARNINGS OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You admit to defend, indemnify, and not hold WhoisAccessible.com and our affiliates, subsidiaries and all of our respective officers, employees, agents, and partners, from and against any loss, damage, burden, claim, or demand, as well as proper attorneys’ fees and expenses, made by any third party as a result of or arising out of: (1) your Contributions on WhoisAccessible.com; (2) use of WhoisAccessible.com; (3) breach of these Terms of Use; (4) any breach of your representations and pledges set forth in these Terms of Use; (5) your violation of the rights of a third party which includes but is not limited to intellectual property rights; or (6) any overt harmful act toward any another web user of WhoisAccessible.com with whom you connected via our Site. Regardless of the foregoing, we reserve the right, at your expense, to assume the sole defense and control of any issue for which you are mandated or needed to indemnify us, and you agree to contribute or uphold, at your expense, with our defense of such claims. We will use justifiable efforts to inform or alert you of any such claim, action, or procedure which is subject to this indemnification upon becoming aware of it.

USER DATA

We will manage certain data that you transmit to WhoisAccessible.com for the purpose of governing the performance of the Site, as well as data associated with your use of the Site. Although we implement periodic routine backups of data, you are exclusively liable for all data that you transmit or that relates to any activity you have initiated or ventured using WhoisAccessible.com. You also admit that we shall have no burden to you for any loss or dent to any such data, and you hereby abandon any right of action against WhoisAccessible.com emanating from any such loss or dent to such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting WhoisAccessible.com, sending us emails, and completing our online forms constitute electronic communications. You agree to receive electronic communications, and you consent that all compromise, disclosures, notices, and other communications we provide to you electronically, via the Site and email, satisfy any legal commitment that such communication is in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, ORDERS, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONICALLY DELIVER POLICIES, NOTICES, AND RECORDS OF TRANSACTIONS INSTITUTED OR CONCLUDED BY US OR VIA OUR SITE. You hereby abandon any requirements under any regulations, rules, statutes, ordinances, or other laws in any jurisdiction which mandate an authentic signature or transmission or reservation of non-electronic records, or to payments or the allocating of credits by any means that is not electronic means.

MISCELLANEOUS

These Terms of Use and any policies or guiding rules posted by us on WhoisAccessible.com or with respect to our Site establish the whole arrangement and understanding between you and us. Our deficiency in exercising or applying any provision of these Terms of Use shall not be translated as an abandonment of such right or provision. These Terms of Use operate to the highest degree permissible by law. WhoisAccessible.com may assign any or all of our rights and commitments to others at any time. We shall not be liable for any damage, delay, loss, or failure to act caused by any cause beyond our legitimate control. If any provision (or its part) of these Terms of Use is dogged to be unenforceable, unlawful, or void, that provision (or its part) is deemed severable from these Terms of Use and does not affect the enforceability and authenticity of any remaining provisions. There is no partnership, joint venture, employment, or agency link initiated between you and WhoisAccessible.com as a result of these Terms of Use or use of any of our Sites. You consent that these Terms of Use will not be defined against us by virtue of having drafted them. You hereby abandon any and all defenses you may have based on the electronic form of these Terms of Use and the absence of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint as regards to our Site or to receive further information regarding the use of WhoisAccessible.com, please contact us at:

WhoisAccessible.com – adam (at) whoisaccessible.com