Site Terms and Conditions

The following terms and conditions refer to the sites of myTobiiDynavox.com, the Single Sign-On (SSO) login service, myMessageBanking.com and other web sites secured through the SSO service. 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 user!

1. General
   1. Welcome to the Site ("Site"). The following Site terms and conditions govern your use of this Site, which is owned by Tobii Dynavox, LLC (referred to herein as "Tobii Dynavox"). 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 Tobii Dynavox may publish from time to time (collectively, the "Terms and Conditions"). If you do not agree to all 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 "User" 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 (used as your username), and password. Any information provided by you or gathered by Tobii Dynavox or third parties during any visit to the Site shall be subject to the terms of the Tobii Dynavox Privacy Policy. Tobii Dynavox reserves the right to contact or to have third parties contact those Users who have not objected to receiving information from Tobii Dynavox and/or other third parties. You are entirely responsible for choosing, and maintaining the confidentiality of, your password and account. Furthermore, you are solely responsible for all activities that occur under your account. You agree to notify Tobii Dynavox immediately of any unauthorized use of your account or any other breach of security. Tobii Dynavox will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tobii Dynavox or another party due to you or someone else using your account or password, if you are found to be negligent in the use or security of your account. You may not use anyone else's account at any time, without the permission of the account holder. Tobii Dynavox reserves the right to decline and cancel registration at its sole discretion.

      YOU CERTIFY THAT YOU, THE ACCOUNT OWNER OF RECORD, ARE NOT A MINOR IN YOUR JURISDICTION AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HERETO. ACCESSING OR USING THE SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS.

   2. Tobii Dynavox 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.
2. Content Stored on the Site
   1. The primary use of the myTobiiDynavox and myMessageBanking sites is to store backups of your communications pages and messages or exported "subsets" of this content for use on a computer or dedicated speech generating device.
   2. 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. Tobii Dynavox accepts no responsibility whatsoever in connection with or arising from such Content.
   3. Tobii Dynavox does not endorse and has no control over the Content shared with others or submitted by others to Forums. Content shared among users or Content submitted to Forums is not necessarily reviewed by Tobii Dynavox prior to posting and does not necessarily reflect the opinions or policies of Tobii Dynavox. Tobii Dynavox makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Tobii Dynavox reserves the right to prevent you from sharing Content or submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. Tobii Dynavox may also employ filters to remove objectionable Content.
   4. Tobii Dynavox will not necessarily monitor Content or Forums for inappropriate Content. If, at any time, in its sole discretion, Tobii Dynavox chooses to monitor the Content or Forums, Tobii Dynavox 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 Tobii Dynavox shall not be liable for any reason whatsoever if Tobii Dynavox prevents your Content from being submitted, or if Tobii Dynavox edits, restricts or removes your Content. By accessing and using the Site, you also agree to permit users of this Site to access, view, store, and reproduce any Content that is shared publicly, on the Page Set Central sharing section, for their personal, clinical, or instructional use and not to restrict or inhibit the use of this Content.
   5. You hereby release Tobii Dynavox, 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.
3. Data Storage
   1. "Data Storage" means space allocated for the electronic storage of User documents, images, videos, and other files. Data Storage does not include application code files and data needed for the operation of the Software for the benefit of all Users.
   2. Unless otherwise agreed between Tobii Dynavox and User, each valid myTobiiDynavox and myMessageBanking User account is limited to 10 gigabytes of Data Storage. Tobii Dynavox may, in its sole discretion, allow Data Storage in excess of the stated limit, or offer incremental storage, which may be subject to additional fees.
4. Ownership and License of Site Content
   1. Tobii Dynavox 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 Tobii Dynavox a worldwide, royalty-free, nonexclusive fully sub-licensable license to use, reproduce and modify your Content solely for the purposes of operating the Site and enabling your and other Users' use of the Site. With respect to your shared Content, you additionally grant Tobii Dynavox the rights to distribute 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 Tobii Dynavox the right to sell or otherwise license your Content or your shared Content on a stand-alone basis. Further, you may terminate Tobii Dynavox's right to distribute your shared Content by removing your Content from the Site, provided, however, that Tobii Dynavox shall have the right, but not the obligation, to keep archived copies of any such Content.
   2. Tobii Dynavox grants you a worldwide, royalty-free, nonexclusive license to create, modify, download and play Content shared by other users with you via the Site subject to the following conditions:
      1. Communications Content created with the Software, containing Picture Communication Symbols (PCS), and distributed electronically must be distributed solely in Tobii Dynavox file formats, or distributed within the context of the myTobiiDynavox platform. Electronic distribution of any content or materials using PCS in other formats (e.g., .pdf or PDF, .ppt or PowerPoint, .doc or WORD, or similar software formats used to display and/or transmit text and/or images) is not permitted without the prior written consent of Tobii Dynavox.
      2. Rights. As between the parties, Tobii Dynavox or its suppliers (as the case may be) retain all title, copyrights, patent rights, trade secrets, and other proprietary rights in the Software and any software or other intellectual property developed by Tobii Dynavox or its suppliers as part of the Services. User does not acquire any rights, express or implied, in the Software or any software or other intellectual property developed by Tobii Dynavox or its suppliers as part of the Services, other than the right to access and use the Software and such software or intellectual property as set forth in the Agreement. Tobii Dynavox may terminate or suspend User's access to and use of the Software and such software or intellectual property (in whole or in part) at any time, with or without notice, if Tobii Dynavox has reason to believe that User has violated the terms set forth in this Section
      3. Your rights granted by this section are limited to your personal, informational, clinical, therapeutic, or instructional purposes only;
      4. You may not sell, rent, lease or license the shared Content to others;
      5. You may not remove any copyright, trademark, watermark, or other proprietary notices contained in any Content found on the Site.
      6. You hereby grant other users of the Site a worldwide, royalty-free, nonexclusive license to view, download, print, and distribute 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 thus prevent future licenses from being granted, you acknowledge and agree that once your shared Content has been shared, Tobii Dynavox can neither monitor nor control what other users do with it.
   3. 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 storing 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.
   4. Claims of Copyright Infringement. Tobii Dynavox 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 stored on the Site infringe your copyright, you (or your agent) may send Tobii Dynavox 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 Tobii Dynavox 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: Legal Notices, 2100 Wharton Street, Pittsburgh, PA, 15203, or via email to: legalnotice@tobiidynavox.com.
5. Prohibited Content and/or Activity
   1. 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. Tobii Dynavox 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 Account of such violators and/or reporting such violators to law enforcement. Prohibited Content includes Content that:
      1. is produced or distributed in violation of any software license agreement, including the license agreements for products from Tobii Dynavox;
      2. violates Federal, State, or Local laws.;
      3. in Tobii Dynavox's sole judgement is considered offensive to its user community;
      4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailings;
      5. promotes a business other than Tobii Dynavox without Tobii Dynavox's express permission;
      6. violates the privacy of any other User;
      7. violates the copyright, trademark, patent, industrial or other intellectual property rights of any other person or entity;
      8. includes confidential information about Tobii Dynavox, such as, but not limited to, Tobii Dynavox's released or unreleased products, services, users, 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 Tobii Dynavox;
      9. solicits passwords or personal information for commercial or unlawful purposes from users;
      10. involves attempting to impersonate another User or person, whether actual or fictitious, including impersonating an employee or consultant of Tobii Dynavox;
      11. constitutes unauthorized use of the account, username, or password of another User at any time;
   2. You agree to indemnify, save, defend, reimburse and hold Tobii Dynavox, 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.
6. Availability
   1. Tobii Dynavox 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.
   2. 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, Tobii Dynavox 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.
7. Linked Sites and Advertising
   1. Tobii Dynavox is not responsible for the Content or practices of third party web sites or companies affiliated with Tobii Dynavox 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. Tobii Dynavox disclaims any responsibility for third party advertisements posted on this Site, and for the goods or services provided by such advertisers.
8. Disclaimer of Warranties
   1. TOBII DYNAVOX 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. TOBII DYNAVOXMAKES 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.
9. Limitation of Liability
   1. TOBII DYNAVOX 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. TOBII DYNAVOX 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 TOBII DYNAVOX HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY TOBII DYNAVOX. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TOBII DYNAVOX'S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE FEES PAID TO TOBII DYNAVOX BY YOU FOR YOUR USE OF THIS SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE.
10. Governing Law and Jurisdiction
    1. 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 ACCOUNT 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 Tobii Dynavox and you each bearing its and your own costs and legal fees related to the arbitration, provided that if Tobii Dynavox prevails, you shall be responsible for Tobii Dynavox'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 agree to the Terms and Conditions" box on your registration form, you hereby agree to these Terms and Conditions.