Before using the site, please review the terms below. You will need to accept these terms in order to access the site. We look forward to having you as a member of the Boardmaker Online Community!

• General
  • Welcome to the Boardmaker Online Community Site ("Site"). The following Site terms and conditions govern your use of this Site, which is owned by Tobii Dynavox (referred to herein as "TD"). By accessing, posting, transmitting, and/or submitting messages and other materials (including, without limitation, files, photos, digital content, code, data or any other materials or blog posts), or engaging in any form of communication in connection with this Site (collectively "Content") to or via web blogs, public or private groups, forums, wikis, bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"), you agree to and are bound by the terms and conditions set forth in this document and to any changes thereto that TD may publish from time to time (collectively, the "Terms and Conditions"). If you do not agree to all of the provisions contained in these Terms and Conditions, do not access or use this Site. Anyone who registers with the Site shall be defined as a "Member" for the purposes of these Terms and Conditions.
    
    When registering for an account you agree to provide us with current, complete and accurate information including but not limited to, your name, e-mail address, username and password. Any information provided by you or gathered by TD or third parties during any visit to the Site shall be subject to the terms of the TD Privacy Policy. TD reserves the right to contact or to have third parties contact those Members who have not objected to receiving information from TD and/or other third parties, as the case may be. You are entirely responsible for choosing and maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to notify TD immediately of any unauthorized use of your account or any other breach of security. TD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TD or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. TD reserves the right to decline and cancel registration at its sole discretion
    
    YOU CERTIFY THAT YOU ARE NOT A MINOR IN YOUR JURISDICTION AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HERETO. ACCESSING OR USING THE SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS. TD
  • TD may modify these Terms and Conditions from time to time in its sole discretion. Your continued access or use of the Site, Forums, Content or any materials or services on the Site, constitutes your acceptance of any changes. Your access and use of the Site, Forums, Content, materials and services will be subject to the most current version of the Terms and Conditions, as well as any additional rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms and Conditions" link on the Site to view the most current terms.
• Content Posted on the Site
  • You are welcome to post, transmit or submit Content to Forums in accordance with these Terms and Conditions. You are solely responsible for such Content. TD accepts no responsibility whatsoever in connection with or arising from such Content.
  • TD does not endorse and has no control over the Content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by TD prior to posting and does not necessarily reflect the opinions or policies of TD. TD makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, TD reserves the right to prevent you from submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. TD may also employ filters to remove objectionable Content.
  • TD or its designated Members will not necessarily monitor the Forums for inappropriate Content. If, at any time, in its sole discretion, TD or its designated Members choose to monitor the Forums, TD assumes no responsibility for the Content, nor any obligation to modify or remove any inappropriate Content, or responsibility for the conduct of the user submitting the Content. In submitting Content to Forums, you agree to strictly limit yourself to constructive discussions about the subject matter for which the Forums are intended and to refrain from using profanity or engaging in other offensive conduct. You agree that TD shall not be liable for any reason whatsoever if TD prevents your Content from being submitted, or if TD or its designated Members edit, restrict or remove your Content. By accessing and using the Site, you also agree to permit users of this Site to access, view, store, and reproduce the Content for their personal, clinical, or instructional use and not to restrict or inhibit the use of this Site.
  • You hereby release TD, its parents, subsidiaries and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, Forums and Content. If at any time you are not happy with the Site or object to any material within the Site, Forums or Content, your sole remedy is to cease using or accessing the Site, Forums or Content.
• Ownership and License of Site Content
  • TD does not claim ownership of your Content. However, we do need certain rights from you, with respect to your Content, to operate the Site and to enable you to do all the things this Site affords you the ability to do. Therefore, with respect to your Content, you grant TD a worldwide, royalty-free, nonexclusive fully sublicensable license to use, reproduce and modify your Content solely for the purposes of operating the Site and enabling your and other Members’ use of the Site. With respect to your shared Content, you additionally grant TD the rights to distribute, publicly perform and publicly display your shared Content (in whole or in part) for the sole purposes of operating the Site and enabling your use of the Site and to sublicense your shared Content to other users subject to the limitations set forth herein. These limited licenses do not grant TD the right to sell or otherwise license your Content or your shared Content on a stand-alone basis. Further, you may terminate TD's right to distribute, publicly perform and publicly display your shared Content by making it Private. You may terminate the remainder of TD's rights by removing your Content from the Site, provided, TD however, that TD shall have the right, but not the obligation, to keep archived copies of any such Content.
  • TD grants you a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display Content shared by other users with you via the Site or that other users make publicly available via the Site, subject to the following conditions:
    • Your rights granted by this section are limited to your personal, informational, clinical, therapeutic, or instructional purposes only;
    • You may not sell, rent, lease or license the shared Content to others;
    • You may not remove any copyright, trademark, watermark, or other proprietary notices contained in any Content found on the Site.
    • You hereby grant other users of the Site a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display your shared Content. If you do not wish to grant these rights in your Content then do not share your Content with other users. While you have the ability to remove your Content from the Site and/or the public areas within the Site and thus prevent future licenses from being granted, you acknowledge and agree that once your shared Content has been shared, TD can neither monitor nor control what other users do with it.
  • You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, moral rights, industrial property rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owed to any person by reason of any Content you post to the Site.
  • Claims of Copyright Infringement. TD will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act. Our Privacy Policy does not protect information that we may provide to third parties at our discretion or as required by law through copies of notices referenced below. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send TD a notice requesting that the material be removed. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TD to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to this Site should be sent to: Tobii Dynavox, Attention: Boardmaker Legal Notices, 2100 Wharton Street, Pittsburgh, PA, 15203, or via email to: legalnotice@TDtech.com.
• Prohibited Content and/or Activity
  • You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. TD reserves the right, but has no obligation to you, to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site, terminating the membership of such violators and/or reporting such violators to law enforcement. Prohibited Content includes Content that:
    • is produced or distributed in violation of any software license agreement, including the license agreements for products from TD;
    • is obscene, patently offensive, or promotes racism, bigotry, violence, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • contains nudity, violence, or offensive subject matter;
    • involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailings;
    • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • exploits people in a sexual or violent manner;
    • solicits personal information from anyone who would be considered a minor;
    • provides any telephone numbers, street addresses, last names, URLs or email addresses, included in a Member profile without that Member's explicit permission;
    • violates the copyright, trademark, patent, industrial or other intellectual property rights of any other person or entity;
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • includes confidential information about TD, such as, but not limited to, TD's released or unreleased products, services, customers, business policies or practices, developments, inventions, processes, designs, marketing, business plans or finances that are not otherwise part of the public domain, without the prior written approval and consent of TD;
    • solicits passwords or personal information for commercial or unlawful purposes from users; or
    • involves commercial activities and/or sales without TD's prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
    • any automated use of the system;
    • attempting to impersonate another Member or person, whether actual or fictitious, including impersonating an employee or consultant of TD;
    • using the account, username, or password of another Member at any time;
    • using an inappropriate Member name of any kind; or
    • selling or otherwise transferring your profile.
  • You agree to indemnify, save, defend, reimburse and hold TD, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms and Conditions; (iii) the illegality, reliability, appropriateness, originality or copyright of any Content; and/or (iv) your violation of any rights of another, whether by action or omission.
• Availability
  • TD uses reasonable efforts to make the Site available 24 hours a day, 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
  • You should always preserve the original copies of your Content, or make back-up copies of your Content, on your personal system. Upon the termination of your use of the Site for any reason, TD will close your account and you will no longer be able to retrieve your Content. You should not use this Site as the only repository or other source for your Content.
• Linked Sites and Advertising
  • TD is not responsible for the Content or practices of third party web sites or companies affiliated with TD that may be linked to the Site and makes no representation or warranty regarding such web sites or their Content. When visiting such web sites, however, you should refer to each such web site's individual "terms of use" for the applicable terms of use and privacy policies of such web sites. TD disclaims any responsibility for third party advertisements posted on this Site, and for the goods or services provided by such advertisers.
• Disclaimer of Warranties
  • TD PROVIDES THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. TDMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE.
• Limitation of Liability
  • TD SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS PROVIDED VIA THE SITE. TD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, CONTENT OR SERVICES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF TD HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY TD. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TD’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE FEES PAID TO TD BY YOU FOR YOUR USE OF THIS SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE.
• Governing Law and Jurisdiction
  • All matters arising out of or relating to these Terms and Conditions shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania, excluding its conflicts of law provisions. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN ALLEGHENY COUNTY, PENNSYLVANIA), YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE PRODUCTS, SERVICES, YOUR MEMBERSHIP AND/OR THESE TERMS AND CONDITIONS WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with TD and you each bearing its and your own costs and legal fees related to the arbitration, provided that if TD prevails, you shall be responsible for TD's reasonable costs and legal fees in connection with such arbitration. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in the Commonwealth of Pennsylvania, Allegheny County, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms and Conditions as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect.

By checking the "I have read and accept the Boardmaker Online Community Terms and Conditions" box on your registration form, you hereby agree to these Terms and Conditions.