Terms and Conditions of Use of the Disability Management Self Assessment
Please read the following terms and conditions of use agreement (Agreement) before using the Disability Management Self Assessment (DMSA) published by the National Institute of Disability Management and Research (NIDMAR). Using the DMSA implies that you agree to all the terms of this Agreement.
License and Restrictions
You may use the DMSA solely for your personal information.
- You may not use the DMSA for any commercial use. "Commercial use" means charging any fee for a service that includes using the DMSA.
- You may not co-brand the DMSA. "To co-brand" means to link to the DMSA and display a logo, trademark, name, or other sign of identification of any party in such a manner reasonably likely to give the impression that such other party has licensed or has the right to use the DMSA.
- You may not frame the DMSA. "To frame" means to have the DMSA or a portion of it appear on the same screen with another website or a portion of one.
- You may not deep-link to the DMSA. "To deep-link" means to link directly to a DMSA page without going through the DMSA home page.
- You may not document the activity of the DMSA. "To document the activity" means to use the DMSA with another computer software to generate an electronic record of a user's access to and/or completion of the DMSA.
- You may not reproduce, transmit, publish, or distribute the DMSA or any of its Content (graphics, text, and narration) to any third party without the express written consent of NIDMAR.
You agree that the DMSA is for informational purposes only and its content is general information and NOT constitute advice with respect to your Disability Management practices or those of your organization. Content is not intended to be a substitute for professional Disability Management advice. Always seek the advice of qualified Disability Management provider with any questions you may have regarding your organization's Disability Management program or its practices.
Warranty and Liability
The use of the DMSA is at your own risk. The DMSA is provided on an "as is" basis. NIDMAR, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall NIDMAR and its Associates or any third parties mentioned on the DMSA be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the DMSA or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DMSA is advised of the possibility of such damages.
You agree to defend, indemnify, and hold NIDMAR, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The terms of this Agreement applies to users outside the Province of British Columbia and of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the DMSA from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You may terminate this agreement at any time by stopping use of the DMSA.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Warranty and Liability, Indemnity, and General.
If you violate any of the terms and conditions of this Agreement, your permission to use the Content automatically terminates.
You expressly agree that exclusive jurisdiction for any dispute with NIDMAR, or in any way relating to your use of the DMSA, resides in the courts of the Province of British Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of British Columbia in connection with any such dispute including any claim involving NIDMAR or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Agreement is governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of law principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions of this Agreement shall be deemed a further or continuing waiver of such terms or conditions or any other terms or conditions.
The terms of this Agreement constitute the entire agreement between you and NIDMAR with respect to the use of the DMSA and Content.