Terms and Conditions

Welcome to the Disability Independence Group (“DIG”). DIG is a 501(c)(3) non-profit organization that promotes recruitment, education and employment of persons with disabilities thereby improving their lives through competitive employment and financial stability; and through the changing of society’s perception of persons with disabilities.

Please read this Terms of Use and Privacy Agreement (“Terms of Use”) carefully before using justdigit.org (the “Website”). At all times, your use of the Website is subject to the terms and conditions below and any amendments to these terms and conditions.

If you do not agree to be bound by these terms and conditions of use, you may not access or  otherwise use this Website. DIG reserves the right to revise these Terms of Use from time to  time. When DIG makes changes, DIG will post them here. You may wish to check this section from time to  time, because your use of the Website following any changes indicates your agreement to be bound by  those modifications.

DIG TERMS OF USE AND PRIVACY AGREEMENT

This Website Does Not Provide Legal, Financial and Other Advice

You hereby acknowledge that nothing contained in the Website shall constitute legal, financial, investment and/or other professional advice and that no professional relationship of any kind is created between you and DIG. The Website is not intended to constitute or substitute legal, financial, investment and/or other professional advice. You hereby agree that you shall not make any legal, financial, investment and/or other decision based in whole or in part on anything contained in the Website.

General Website Usage Policy

You are prohibited from violating or attempting to violate the security measures on the Website,  including, without limitation:

Using a false password or one belonging to another user or accessing data not  intended for the user or logging into a server or account which such user is not  authorized to access;
Disclosing a password or permitting a third party to use a password or failing to  notify us if a password is compromised;
Attempting to probe, scan or test the vulnerability of the system or network or to  breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including,  without limitation, via means of overloading, “flooding”, “mail bombing” or  ”crashing”;
Sending unsolicited e-mail, including promotions and/or advertising of products or  services; or
Hijacking all or any part of the Website content, deleting or changing any Website content,  deploying pop-up messages or advertising, running or displaying this Website or any  Website content in frames or through similar means on another Website, or linking to the Website or any page within the Website, without DIG’s specific written permission.

You agree to use the Website only for lawful purposes. You may not use the Website to transmit, post, download, distribute, copy, display publicly, store  or destroy material (1) in violation of any applicable law or regulation, (2) in a manner that will  infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others  or violate the privacy or publicity or other personal rights of others, or (3) that is libelous, obscene,  offensive, threatening, defamatory, abusive or hateful.

DIG has absolute discretion to determine if any use violates these rules, and to act as DIG deems  appropriate in the event of any violation. Violations of system or network security may result in civil  or criminal liability. DIG will investigate occurrences that may involve such violations and may  involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and  prosecuting users who are involved in such violations.

Website Contents

Unless otherwise noted, all materials, including images, logo designs, illustrations, designs, icons, photographs,  video clips, and written and other materials that appear as part of the Website (collectively, the  ”Contents”) are property owned, controlled, licensed or used with permission by DIG.

The Website as a whole and its Contents are protected by copyright, trademark, trade dress and other  laws and all worldwide right, title and interest in and to the Website and its Contents are owned by DIG  or used with permission. DIG, THE WALLET CARD and all other trademarks appearing on this Website are trademarks of DIG.

The Contents of the Website, and the Website as a whole, may not be used except as permitted in these Terms of Use. Subject to the terms and conditions set forth herein, DIG offers certain educational institutions, police departments and other similar entities (“You”) the non-exclusive non-transferable right to use the Contents for purposes to instruct the public regarding interactions between law enforcement and persons with disabilities. DIG reserves all rights, benefits and opportunities not expressly granted to You under these Terms of Use. No right, title or interest in any of the Contents or downloaded materials is  transferred to you as a result of any such downloading or copying. For all other purposes, the transmission, use, copying or modification of the Contents, in whole or in part, in any form or by any means, whether electronic, mechanical, by photocopy or recording, for any other commercial or personal purpose not intended by DIG is strictly prohibited without the prior written consent of DIG. Unauthorized use of the Contents and the information contained herein may constitute a violation of applicable trademark, copyright, criminal, civil or privacy laws.

You may not reproduce (except as noted above), publish, transmit, distribute, publicly display,  modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in  whole or in part, any of the Contents, the Website, or any related materials for any other purposes other than implementing DIG’s The Wallet Card program and services for your community. You shall not make any unlicensed use, file any application for registration or claim any other proprietary rights to the Contents or derivations or adaptations thereof or any marks or designs similar thereto. You acknowledge the validity of and DIG’s ownership of and title to the Contents and shall not do or suffer to be done any act or thing that will impair the rights of DIG in and to the Contents. You shall not acquire and shall not claim any title or any other proprietary right to the Contents or to any derivation, adaptation, or variation thereof by virtue of the license granted to You or through your use of the Contents, the Parties intending and agreeing that all use of Contents, by You shall inure to the benefit of DIG.

Your Access to the Website and the Contents

DIG’s consent for You to use the Contents is subject to these Terms of Use and the following conditions:

The consents given by DIG in these Terms of Use are expressly limited to those uses and activities that are directly related to the promotion by You of DIG’s programs and services;
No other uses or activities with respect to the Contents are permitted without the express prior written consent of DIG;
You may not alter the Contents in any way except as may be specifically directed by DIG in writing;
You may not use the Contents in any manner in which DIG, in its sole discretion, determines undermines or disparages DIG or programs and service, or in connection with the products or services of a competitor of DIG; and
Any use of the Contents by You must be in accordance with all applicable national, foreign or local laws, statutes, rules and regulations, and must not violate the rights of any third party.

By using the Contents, You acknowledge that the Contents are provided “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL DIG BE LIABLE FOR YOUR USE OF THE CONTENTS OR OF ANY ERROR, FAILURE, DEFECT OR DELAY IN YOUR ABILITY TO ACCESS OR USE THE CONTENTS, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM SAME, EVEN IF DIG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS
SO THEY MAY NOT APPLY.

The license granted hereunder is personal to You, and You shall not assign or transfer any of your rights under these Terms of Use or delegate any of your obligations under these Terms of Use (whether voluntarily, by operation of law, change in control or otherwise) without DIG’s prior approval. Any attempted assignment, transfer, sublicense or delegation by You without such approval shall be void and a material breach of these Terms of Use. A change in any degree of ownership or in control, or a material change in the management of You, shall constitute an assignment of rights under this section requiring DIG’s approval.

Quality Control by DIG

In order to maintain the quality reputation of DIG, all uses of the Contents in connection with your programs and services must be in accordance with standards and guidelines set out by DIG from time to time. You agree that the nature and quality of all programs and services rendered by You in connection with the Contents; all services rendered by You under the Contents; and all related advertising, promotional and other uses of the Contents by You shall conform to standards set by and under the control of DIG. You agree to cooperate with DIG in facilitating DIG’s control of such nature and quality, to permit reasonable inspection of your operation, and to supply DIG with specimens of representative samples of uses of the Contents as reasonably requested by DIG from time to time. You shall comply with all applicable laws and regulations and obtain all appropriate government approvals pertaining to the sale, distribution and advertising of goods and services covered by these Terms of Use.

Infringement of the Contents and Cooperation with DIG

If You learn of any infringement of the Contents or of the existence, use or promotion of any mark or design similar to the Contents, You shall promptly notify DIG. DIG has the right to decide, at DIG’s sole discretion what legal proceedings or other action, if any, shall be taken, by whom and how such proceedings and other action shall be conducted, in whose name such proceedings or other action shall be performed. Any legal proceedings instituted pursuant to this section shall be for the sole benefit of the DIG.

You further agree to cooperate with DIG in the prosecution of any trademark or copyright application that DIG may desire to file or in the conduct of any litigation relating to the Contents. You shall supply to DIG such samples, labels and similar material and, upon DIG’s request, shall procure evidence, give testimony and cooperate with DIG as may reasonably be required in connection with any such application or litigation.

Termination of License

DIG shall have the right to terminate the license offered to You upon thirty (30) days written notice to You. Upon termination of the license, You agree to immediately discontinue all use of the Contents and any term or design confusingly similar thereto, to delete, destroy or deliver to DIG all materials bearing the Contents, and all references to the Contents as relating to You, and You agree to make no further use of Contents and that all rights in the Contents and the goodwill connected therewith shall remain the property of DIG.

Privacy

Your privacy is very important to DIG. DIG takes steps to safeguard customer information. DIG restricts access to the personal and account information of its clientele and maintains physical, electronic, and procedural safeguards that comply with federal standards to protect consumer information. DIG considers your use of the Website to be private. However, DIG may access or disclose information about You, your use of the Website and/or the content of your communications, in order to: (1) comply with the law or legal process served on DIG; (2) enforce and investigate potential violations of this Terms of Use; including use of the Website to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of DIG, its officers, directors, employees, its customers or the public. You consent to the access and disclosures outlined in this section. DIG may use technology or other means to protect the Website, protect DIG clientele, or stop You from breaching this Terms of Use. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Website.

In order to best provide DIG’s service to you, DIG may collect certain information about your use of the Website. This data will not personally identify You.

Severability

If any term or provision of thee Terms of Use shall be determined to be illegal and/or unenforceable by any court of law or any competent governmental or other authority, the remaining terms and provisions shall be severable and enforceable in accordance with their terms so long as these Terms of Use without such terms or provisions does not fail of its essential purpose or purposes. You and DIG will negotiate in good faith to replace any such illegal or unenforceable provisions with suitable substitute provisions that will maintain the purposes and intention of these Terms of Use.

Indemnification

You agree to defend, indemnify and hold DIG harmless from and against any and all claims,  damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.

Links to Other Sites

To the extent that this Website contains links to outside services and resources, including other  websites, the availability and content of which DIG does not own, operate or control, any concerns  regarding any such service or resource, or any link thereto, should be directed to the particular  outside service, resource or website.

Any such links are provided solely as a convenience to you. If you click on these links, You will  leave this Website. DIG makes no representations or warranties concerning and is not responsible for  the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by DIG.

Disclaimer

DIG assumes no responsibility for and shall not be liable for any damages to, interruption of  service or viruses that may infect your computer or telecommunications equipment arising from  your access to or use of this Website and its Contents.
In no event shall DIG or any of its affiliated entities or suppliers or their respective officers,  directors, attorneys, employees or agents be liable for any indirect, special, punitive, incidental,  exemplary or consequential damages, even if DIG has been previously advised of the possibility of  such damages, whether in an action, under contract, negligence or any other theory, arising out of  or in connection with the use, inability to use or performance of the information, services, products  and materials available from the Website.

These limitations shall apply notwithstanding any failure of essential purpose or the existence of  any limited remedy. Because some jurisdictions do not allow limitations on how long an implied  warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the  above limitations may not apply to you.

Inaccuracy Disclaimer

From time to time there may be information on this Website that contains typographical errors,  inaccuracies, or omissions. DIG reserves the right to correct any errors, inaccuracies or omissions and to change or  update information at any time without prior notice. DIG apologizes for any inconvenience this may cause you.

Miscellaneous

These Terms of Use constitutes the entire agreement between You and DIG with respect to the subject matter of these Terms of Use, supersede any and all prior and contemporaneous negotiations, understandings or agreements in regard to such subject matter and is intended as a final expression of the agreement between you and DIG. These Terms of Use may be amended only by written instrument expressly referring to this agreement setting forth such amendment and signed by You and DIG.

These Terms of Use will be construed and interpreted according to the laws of the State without regard to its conflicts of law, principles or rules. Any legal action shall be brought in the United States District Court for the Southern District of Florida or, if such court does not have jurisdiction, in any court of general jurisdiction in the City of Miami, Florida. If DIG brings a legal action or proceeding with respect to these Terms of Use in such courts, You consent to venue and the personal jurisdiction of such courts, agree to accept service or process by mail, and hereby waive any venue defenses otherwise available to it.

You and DIG agree that each party and its counsel has reviewed these Terms of Use and the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of said terms.

The failure of DIG to insist in any one or more instance upon the performance of any term, obligation or condition of these Terms of Use by You or to exercise any right or privilege herein conferred upon DIG shall not be construed as thereafter waiving such term, obligation, or condition, or relinquishing such right or privilege, and the acknowledged waiver or relinquishment by DIG of any default or right shall not constitute waiver of any other default or right. No waiver shall be deemed to have been made unless expressed in writing and signed by DIG.