AbleVu Terms and Conditions
Effective date: [Effective date] Version: [Version number, e.g. 1.0] Published at: [Terms URL]
These Terms and Conditions (the "Terms") are a binding legal agreement between you and [AbleVu legal entity name], a [State of incorporation] [entity type] ("AbleVu," "we," "us," or "our"), governing your access to and use of the AbleVu website at ablevu.com, the AbleBot assistant, and all related services.
Key Terms Summary (Please Read)
This summary is provided for convenience so that the most important terms are easy to find. It does not replace the full Terms, which control if there is any conflict.
- One agreement, four account types. These Terms apply to everyone. Section 5 applies to all users; Sections 6, 7, and 8 add rules for Ambassadors, Businesses, and Destinations.
- AbleVu is an information-sharing platform only. We do not inspect, verify, certify, or vouch for any place, person, travel planner, or guide. Information comes from businesses, partners, community members, and public sources, and it may be wrong, incomplete, or out of date (Sections 14, 15, and 16).
- No legal or regulatory determinations. Nothing on AbleVu states or determines whether any place meets the Americans with Disabilities Act or any other law or standard (Section 15).
- AbleBot can be wrong. AI answers are not professional, medical, or legal advice. Always confirm your needs with the venue directly (Section 13).
- Content you contribute. If you are an Ambassador, Business, or Destination, content you add to AbleVu is assigned to AbleVu to the extent you own it, with a fallback license where assignment is not enforceable (Section 11). Other users grant AbleVu a broad license (Section 11.4).
- Limits on our liability. To the maximum extent permitted by law, AbleVu is not liable for incorrect information, and our total liability is capped (Sections 16, 22, and 23).
- Arbitration and class action waiver. Most disputes must be resolved by binding individual arbitration, not in court, and you waive the right to participate in a class action. You may opt out within 30 days (Section 26).
BY CHECKING THE BOX AT SIGN-UP, CREATING AN ACCOUNT, OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
1. Definitions
1.1 General. Capitalized terms used in these Terms have the meanings given in this Section 1 or where they are first defined. Headings are for convenience only. The words "include," "includes," and "including" mean "including without limitation."
1.2 Platform Terms.
1.2.1 "Services" means the AbleVu website located at ablevu.com and any subdomains, any mobile or web applications, AbleBot, application programming interfaces, widgets, embeds, email communications, and any other products, features, or services that AbleVu offers and that link to or reference these Terms.
1.2.2 "Platform" is used interchangeably with "Services."
1.2.3 "Place Profile" means a page or record on the Services describing a specific place, such as a business, venue, attraction, lodging, restaurant, park, transportation facility, port, or point of interest, including any Accessibility Information, photos, descriptions, and related data.
1.2.4 "Destination Page" means a page or collection on the Services describing a city, region, destination, port, or other geographic area, including any associated lists of Place Profiles.
1.2.5 "AbleBot" means the AbleVu artificial-intelligence assistant and any other automated, generative, or machine-learning feature of the Services that produces text, summaries, recommendations, or other output in response to user input.
1.2.6 "AI Output" means any response, summary, recommendation, translation, or other content generated by AbleBot.
1.2.7 "Accessibility Information" means any information about the physical, sensory, cognitive, communication, or other accessibility features or barriers of a place, service, or experience, including measurements, entrance descriptions, parking, restrooms, seating, routes, signage, lighting, noise levels, assistive services, accessibility feature tags, and related photos.
1.3 Party and Account Terms.
1.3.1 "User," "you," and "your" mean any person or entity that accesses or uses the Services, whether or not registered, and, where you act on behalf of an organization, both you and that organization.
1.3.2 "Account" means a registered account on the Services.
1.3.3 "Traveler Account" means an Account for an individual using the Services for personal trip planning or information purposes.
1.3.4 "Ambassador" means an individual approved by AbleVu, in its discretion, to participate in the AbleVu Ambassador program and to add Accessibility Information, photos, and other Content to the Services as a community contributor.
1.3.5 "Business" means a person or entity that claims, manages, or edits one or more Place Profiles for a place that it owns, operates, or is authorized to represent, and "Business Account" means the Account it uses to do so.
1.3.6 "Destination" means a destination marketing organization, convention and visitors bureau, tourism board, city or local government, port authority, regional authority, or similar body that uses the Services to create or manage a Destination Page or to submit partner lists, and "Destination Account" means the Account it uses to do so.
1.3.7 "Partner" means a business, venue, or other place whose information a Destination submits or proposes to submit to the Services, including members, stakeholders, or partners of the Destination.
1.3.8 "Contributor" means an Ambassador, Business, or Destination, and "Contributor Account" means an Ambassador, Business, or Destination Account.
1.3.9 "Authorized Representative" means the individual who creates or uses a Business or Destination Account on behalf of an organization.
1.4 Content Terms.
1.4.1 "Content" means any text, data, Accessibility Information, photographs, images, video, audio, reviews, ratings, descriptions, lists, tags, comments, messages, files, links, and other material in any form.
1.4.2 "User Content" means Content that you submit, upload, post, transmit, or otherwise make available through the Services, including through AbleBot.
1.4.3 "Contributor Content" means User Content submitted by or on behalf of a Contributor, including text, Accessibility Information, photos, reviews, ratings, descriptions, and lists.
1.4.4 "Traveler Content" means User Content submitted by a User who is not acting as a Contributor, including feedback, reviews, ratings, questions, comments, and AbleBot prompts and conversations.
1.4.5 "Third-Party Material" means any Content, or any portion of Content, that is owned by a person other than you or AbleVu, including photographs taken by others, logos, trademarks, partner credentials, and content licensed to you by others.
1.4.6 "Licensed Third-Party Content" has the meaning given in Section 12.
1.4.7 "AbleVu Materials" means the Services and all software, code, designs, layouts, databases, compilations, data structures, text, graphics, icons, the AbleVu name and logos, AbleBot, and all other Content provided by or on behalf of AbleVu, excluding Licensed Third-Party Content and User Content that AbleVu does not own.
1.4.8 "Partner Credential" means any badge, certification, training credential, award, designation, membership, rating, or seal issued by a third party to a Business, Partner, Destination, travel planner, guide, or other person, and any associated name, logo, or mark.
1.5 Other Terms.
1.5.1 "Applicable Law" means all laws, statutes, regulations, ordinances, rules, orders, and binding guidance that apply to a party or activity.
1.5.2 "Intellectual Property Rights" means all patents, copyrights, moral rights, trademarks, trade dress, trade names, database rights, rights in data, trade secrets, rights of publicity, and all other intellectual property and proprietary rights worldwide, whether registered or unregistered, and all applications, renewals, and extensions of them.
1.5.3 "Privacy Policy" means the AbleVu Privacy Policy located at [Privacy Policy URL], as updated from time to time.
2. Acceptance of These Terms; Changes
2.1 Agreement. By checking the acceptance box at sign-up, creating an Account, clicking to accept, or accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, you may not access or use the Services.
2.2 Acting for an Organization. If you accept these Terms on behalf of a company, government body, nonprofit, or other organization, you represent and warrant that you have the authority to bind that organization, and "you" refers to both you and that organization. If you do not have that authority, you must not accept these Terms or use a Business or Destination Account.
2.3 Additional Terms. Certain features, programs, or campaigns may be subject to additional terms, guidelines, or policies that AbleVu presents to you ("Additional Terms"), including Ambassador guidelines, photo guidelines, and content guidelines. Additional Terms are incorporated into these Terms by reference. If Additional Terms conflict with these Terms, the Additional Terms control for that feature only, unless they state otherwise.
2.4 Order of Precedence. If a signed written agreement between AbleVu and a Destination or Business expressly states that it overrides specific provisions of these Terms, that agreement controls to the extent of the conflict. Otherwise, these Terms control.
2.5 Changes to These Terms.
2.5.1 AbleVu may modify these Terms from time to time. When we make changes, we will update the "Effective date" and version number above and post the revised Terms at [Terms URL].
2.5.2 If a change is material, we will give reasonable advance notice, for example by email to the address associated with your Account, by an in-product notice, or by a banner on the Services, and, where required by Applicable Law, we will ask you to accept the revised Terms.
2.5.3 Changes take effect on the date stated in the notice, which will be at least [fourteen (14)] days after notice for material changes, except that changes required by law or made for security, safety, or anti-abuse reasons may take effect immediately.
2.5.4 Your continued use of the Services after the revised Terms take effect constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Services and may close your Account.
2.5.5 Changes to Section 26 (Dispute Resolution) will not apply to any dispute of which AbleVu had actual notice before the change took effect.
2.6 Record of Acceptance. AbleVu records the version of these Terms you accepted and the date and time of acceptance, and may rely on that record as evidence of your agreement.
3. Eligibility and Age Requirements
3.1 Minimum Age. You must be at least thirteen (13) years old to use the Services. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that a person under 13 has created an Account, we will close it and delete associated personal information as described in the Privacy Policy.
3.2 Users Under 18. If you are at least 13 but under 18 years old (or under the age of legal majority where you live), you may use the Services only with the consent and involvement of a parent or legal guardian who has read and agreed to these Terms on your behalf. The parent or guardian is responsible for your use of the Services and for your compliance with these Terms.
3.3 Contributor Age. You must be at least eighteen (18) years old, and of legal age to enter a binding contract, to become an Ambassador or to create or use a Business or Destination Account, unless AbleVu agrees otherwise in writing and a parent or guardian consents.
3.4 Higher Local Age. If the law where you live requires a higher minimum age to use services like AbleVu or to consent to processing of personal data, that higher age applies to you.
3.5 Legal Capacity and Restrictions. You represent that (a) you have the legal capacity to enter into these Terms; (b) you are not barred from using the Services under Applicable Law; (c) you have not previously been removed from the Services by AbleVu, unless AbleVu has agreed in writing to let you return; and (d) you are not located in, or a resident or national of, a country or territory subject to comprehensive sanctions, and you are not on any government list of prohibited or restricted parties.
4. Accounts and Security
4.1 Registration. Some features require an Account. You agree to provide accurate, current, and complete information when you register and to keep it up to date.
4.2 Account Types. You may register as a traveler, and you may apply for or request Ambassador, Business, or Destination status. AbleVu may approve, decline, limit, or revoke any Contributor status in its discretion. One person or organization may hold more than one role, in which case the terms for each role apply when acting in that role.
4.3 Credentials. You are responsible for keeping your password and other login credentials confidential and for all activity that occurs under your Account. You must not share your credentials, allow others to use your Account (other than authorized personnel of a Business or Destination as described in Section 4.5), or use another person's Account.
4.4 Security Incidents. You must notify AbleVu promptly at [legal@ablevu.com] if you suspect any unauthorized access to or use of your Account or any other security breach. AbleVu is not liable for losses caused by unauthorized use of your Account, to the maximum extent permitted by law.
4.5 Organizational Accounts.
4.5.1 A Business or Destination is responsible for all individuals it allows to access its Account, for ensuring that they comply with these Terms, and for promptly removing access for individuals who leave the organization or no longer need access.
4.5.2 AbleVu may rely on instructions received from any person using a Business or Destination Account as instructions of that organization.
4.5.3 If there is a dispute about who controls a Business or Destination Account, AbleVu may suspend the Account, request documentation, and decide control in its reasonable discretion, without liability.
4.6 Usernames and Profiles. You may not choose a username or profile name that impersonates another person or organization, implies an affiliation with AbleVu that does not exist, infringes anyone's rights, or is offensive. AbleVu may reclaim or change any username.
4.7 Account Accuracy. AbleVu does not check the identity of Users or the accuracy of Account information, and any display of a name, role, or organization on the Services is not a statement by AbleVu about that person or organization.
5. Terms for All Users and Travelers
5.1 Personal Use License. Subject to your compliance with these Terms, AbleVu grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial trip planning and information purposes, or, for Contributors, for the purposes described in Sections 6 through 8.
5.2 Your Responsibility for Your Decisions. You are solely responsible for your travel decisions and for confirming, directly with each venue, operator, or provider, that a place meets your individual accessibility, medical, mobility, sensory, dietary, and safety needs before you travel or visit. Conditions change, and Content on the Services may not reflect current conditions.
5.3 Traveler Contributions. Travelers may be able to submit reviews, ratings, questions, comments, suggested edits, photos, feedback, and AbleBot prompts. Traveler Content must comply with Sections 9 and 10, and is licensed to AbleVu under Section 11.4.
5.4 Reviews by Travelers.
5.4.1 Reviews must reflect your own genuine, first-hand experience of the place.
5.4.2 You must not post a review of a place that you own, operate, work for, or compete with, or that you were paid, offered a discount, or otherwise compensated to review, unless you clearly disclose that relationship in the review and the disclosure is permitted by AbleVu's guidelines and Applicable Law.
5.4.3 AbleVu does not pay for or sell reviews and does not alter the substance of reviews to favor any place, though it may remove reviews that violate these Terms.
5.5 Feedback. If you send AbleVu suggestions, ideas, or feedback about the Services ("Feedback"), AbleVu may use them for any purpose without obligation to you, as described in Section 11.4.
5.6 No Emergency Use. The Services are not an emergency service. Do not rely on the Services, including AbleBot, in an emergency or for time-critical safety information. Contact local emergency services instead.
6. Ambassador Terms
6.1 Program Participation.
6.1.1 The AbleVu Ambassador program allows approved individuals to contribute Accessibility Information, photos, and other Content to Place Profiles and Destination Pages. Participation is by application or invitation, and AbleVu may accept, decline, pause, or end any Ambassador's participation at any time in its discretion.
6.1.2 Ambassadors are independent community contributors. Unless AbleVu and the Ambassador sign a separate written agreement stating otherwise, Ambassadors are volunteers and are not employees, contractors, agents, partners, or representatives of AbleVu, and have no authority to bind AbleVu or speak for it.
6.1.3 Any recognition, perks, badges, rankings, or rewards that AbleVu offers Ambassadors are at AbleVu's discretion, have no cash value unless AbleVu states otherwise in writing, and may be changed or discontinued at any time. An Ambassador badge reflects participation in the program only; it is not a statement by AbleVu about the Ambassador's skill, qualifications, or the accuracy of the Ambassador's Content.
6.1.4 If an Ambassador receives any compensation from AbleVu, the Ambassador is responsible for any taxes owed on it, and AbleVu may require tax documentation before providing compensation.
6.2 Ambassador Code of Conduct. In addition to Sections 9 and 10, each Ambassador agrees to the following:
6.2.1 Honesty. You will provide Content that is truthful, accurate to the best of your knowledge, and not misleading. You will not exaggerate, minimize, or invent accessibility features or barriers.
6.2.2 First-hand observation. You will submit Accessibility Information, measurements, and photos only for places you have personally visited and observed, and you will indicate the date of your visit when the Services provide a way to do so. You will not copy Accessibility Information from other websites, brochures, or sources and present it as your own observation. Where you rely on another source, you will say so.
6.2.3 Objectivity and clarity. You will describe what you observed in factual terms (for example, "the entrance has one step approximately [x] inches high") rather than broad conclusions (for example, "fully accessible") that may not apply to every person's needs.
6.2.4 Updates and corrections. If you learn that Content you submitted is inaccurate or out of date, you will promptly correct it or notify AbleVu.
6.2.5 No paid or undisclosed reviews. You will not accept any payment, free goods or services, discounts, or other benefit from a place, its owner, a Destination, or any third party in exchange for Content, ratings, or reviews, unless (a) AbleVu has approved the arrangement in writing, and (b) you clearly and conspicuously disclose the relationship in the Content as required by AbleVu's guidelines and Applicable Law, including the U.S. Federal Trade Commission's rules and guidance on endorsements and reviews. You will not submit Content about a place you own, operate, work for, or have a financial interest in, or about a competitor of such a place.
6.2.6 No misrepresentation of role. You will not represent yourself as an employee, officer, agent, inspector, auditor, or official representative of AbleVu, and you will not use AbleVu's name, logos, or your Ambassador status to obtain access, free goods or services, special treatment, or any other benefit from any place or person. When visiting a place, you may say that you are an AbleVu community Ambassador, but you must make clear that you are a volunteer contributor.
6.2.7 No claims that AbleVu verified anything. You will not state or imply, to a venue, a User, or anyone else, that AbleVu has inspected, verified, certified, approved, rated, or endorsed any place, Business, Destination, person, or Content, or that a place meets any law or standard. You will not issue or promise any badge, rating, certification, or listing on behalf of AbleVu.
6.2.8 Respect for venues and people. You will be courteous to venue staff and other people, comply with venue rules, request permission before entering non-public areas, and leave if asked. You will not trespass, obstruct operations, or put yourself or others at risk to collect information or photos.
6.2.9 Safety. You are responsible for your own safety while gathering information. AbleVu does not direct or supervise your visits and is not responsible for any injury, loss, or expense you incur, to the maximum extent permitted by law.
6.2.10 Privacy of others. You will not include personal information about other individuals (such as names, contact details, health conditions, or license plates) in your Content.
6.3 Ambassador Photo Rules.
6.3.1 Ownership. You may upload only photos that you took yourself, or for which you have written permission from the photographer and any other rights holder to grant the rights described in Section 11. You must not upload photos copied from the internet, from venue websites, from social media, or from other people without that permission.
6.3.2 No faces without consent. Photos must focus on accessibility features (such as entrances, ramps, doorways, restrooms, routes, seating, signage, and equipment). You must not upload photos in which any person's face, or any other feature that could reasonably identify a person, is recognizable, unless you have obtained that person's express consent (and, for a minor, the consent of a parent or guardian) and can provide evidence of that consent on request. Where consent cannot be obtained, you must crop or blur identifying features before upload.
6.3.3 Sensitive locations. You must not photograph or upload images of restricted or private areas, security features, children without parental consent, people receiving medical care or using restrooms or changing facilities, or any scene where people have a reasonable expectation of privacy.
6.3.4 Venue rules. You must follow any venue rules restricting photography. If a venue asks you not to photograph, you must stop.
6.3.5 Accuracy of images. Photos must accurately depict the place as you observed it. You must not materially edit photos in a way that misrepresents a feature (for example, removing a step or obstruction), although you may crop, rotate, adjust exposure, and blur faces or personal information.
6.3.6 Metadata. AbleVu may remove or retain location and other metadata from uploaded photos as described in the Privacy Policy.
6.4 Moderation. AbleVu may review, edit for format or length, annotate, relocate, decline, or remove any Ambassador Content, and may suspend or end an Ambassador's participation for violation of this Section 6 or for any other reason. Any review by AbleVu is for its own operational purposes and does not mean AbleVu has checked or confirmed the accuracy of the Content.
7. Business Terms
7.1 Claiming a Place Profile.
7.1.1 A Business may request to claim a Place Profile for a place it owns, operates, or is authorized to represent. AbleVu may ask for information or documents supporting the claim and may approve or deny any claim in its discretion. Any steps AbleVu takes in connection with a claim are administrative only; approval of a claim is not a statement by AbleVu that the claimant owns or controls the place, or that any information about the place is accurate.
7.1.2 A Business may also create a new Place Profile for a place it owns, operates, or is authorized to represent, subject to AbleVu's approval.
7.2 Authority Representations. By claiming, creating, or editing a Place Profile, the Business and its Authorized Representative each represent and warrant that:
7.2.1 the Business owns, operates, or is legally authorized by the owner or operator to represent the place;
7.2.2 the Authorized Representative is employed by or otherwise authorized to act for the Business and to accept these Terms on its behalf;
7.2.3 all information provided in connection with the claim is true and complete; and
7.2.4 the Business will promptly notify AbleVu and relinquish control of the Place Profile if its authority ends (for example, because the place is sold or closes, or a management agreement ends).
7.3 Editing Rights and Limits.
7.3.1 A Business may edit the Business-provided fields of its Place Profile, such as description, hours, contact details, photos, and Accessibility Information, subject to these Terms.
7.3.2 A Business may not delete, alter, suppress, or hide Ambassador Content, Traveler reviews, or ratings, or other Users' Content, except by reporting it to AbleVu under Section 9.6. AbleVu may display Business Content alongside, and distinguished from, Ambassador, Traveler, Destination, and third-party Content.
7.3.3 AbleVu may label Content to show its source (for example, "provided by the business"), and may decline, modify for format, or remove any Business Content.
7.4 Business Accuracy Obligations. Each Business agrees that:
7.4.1 all Accessibility Information and other Content it provides will be accurate, current, and not misleading, and will be updated promptly when conditions change (for example, when an elevator is out of service long-term, an entrance is moved, or a renovation changes access);
7.4.2 it will not describe the place as meeting, or being in compliance with, any law, regulation, code, or accessibility standard on the Services, and it acknowledges that AbleVu does not permit or endorse such statements;
7.4.3 it will not offer incentives to Users or Ambassadors for positive reviews or ratings, or discourage negative ones, and will not post or solicit fake reviews; and
7.4.4 it will display Partner Credentials only if the Business actually holds them, they are current, and it has the right to display them.
7.5 Partner Credentials and Badges. Any Partner Credential shown on a Place Profile belongs to the third party that issued it and to the Business that holds it. AbleVu displays Partner Credentials as information supplied by the Business or issuing party. AbleVu does not issue, confirm, or endorse any Partner Credential, and the display of a Partner Credential is not a statement by AbleVu about the place.
7.6 Responses to Reviews. Where available, a Business may respond publicly to reviews. Responses must be professional, factual, and comply with Sections 9 and 10, and must not disclose personal information about the reviewer.
7.7 Relationship. Claiming a Place Profile does not create any partnership, agency, endorsement, franchise, or joint venture between the Business and AbleVu. The Business may not state or imply that AbleVu endorses, recommends, inspects, or vouches for it.
8. Destination Terms
8.1 Destination Accounts. Destinations may create Destination Pages, curate lists of Place Profiles, submit information about Partners, and use related tools AbleVu makes available. AbleVu may approve, deny, or limit any Destination Account in its discretion.
8.2 Authority Representations. The Destination and its Authorized Representative each represent and warrant that:
8.2.1 the Authorized Representative is authorized to act for the Destination and to accept these Terms on its behalf, including, for a governmental body, under any applicable procurement, authorization, or approval rules;
8.2.2 the Destination has the legal right to submit all Content it submits, including Partner lists, Partner information, photos, logos, and descriptions; and
8.2.3 the Destination's participation does not violate any law, contract, or policy that binds it.
8.3 Partner Lists and Partner Consent Warranties. When a Destination submits information about any Partner, the Destination represents, warrants, and covenants that:
8.3.1 it has obtained all consents, permissions, and notices from each Partner that are required under Applicable Law, its agreements with that Partner, and its own policies, for (a) submitting that Partner's information to AbleVu, and (b) AbleVu's publication and use of that information as described in these Terms;
8.3.2 the Partner information is accurate and current to the best of the Destination's knowledge and was collected lawfully;
8.3.3 it will not submit personal information about individuals (such as private contact details of Partner employees) except as reasonably needed for AbleVu to contact the Partner, and only where it has a lawful basis to share it;
8.3.4 it will notify AbleVu promptly if a Partner withdraws consent, closes, or asks to be removed, and will cooperate with AbleVu to update or remove that Partner's information; and
8.3.5 it will not represent to any Partner that AbleVu has inspected, verified, certified, or endorsed the Partner or the Destination, or that inclusion on AbleVu reflects compliance with any law or standard.
8.4 Partner Rights. A Partner may claim its Place Profile as a Business under Section 7. Once claimed, the Partner's Business Content may supersede information submitted by the Destination for the Business-provided fields, and AbleVu may resolve conflicts between Destination and Business Content in its discretion.
8.5 Destination Branding. A Destination may provide its name, logo, and other marks for display on its Destination Page. The Destination grants AbleVu a non-exclusive, worldwide, royalty-free license to use those marks on and in connection with the Services and to identify the Destination as a participant in AbleVu marketing materials, subject to any reasonable brand guidelines the Destination provides in writing. The Destination's marks remain the Destination's property, and the assignment in Section 11.2 does not apply to them.
8.6 Public Bodies. If a Destination is a government entity and any provision of these Terms (such as indemnification, governing law, or arbitration) is prohibited by laws that bind it, that provision applies to the Destination only to the extent permitted by those laws, and the parties will negotiate in good faith any necessary addendum. Public-records obligations of a government Destination are not limited by these Terms.
8.7 No Endorsement. Inclusion of a Destination, Partner, or list on the Services does not mean AbleVu endorses, recommends, or vouches for any place on that list, and a Destination's curation of a list is the Destination's own editorial choice.
9. Content Standards and Accuracy
9.1 Responsibility for Content. You are solely responsible for your User Content and the consequences of submitting it. AbleVu does not control, and is not responsible for, User Content.
9.2 Content Standards. All User Content must:
9.2.1 be accurate, current, and not false, misleading, or deceptive, including as to accessibility features or barriers;
9.2.2 be based on your genuine knowledge or experience, and clearly identify the source where it is not;
9.2.3 respect the rights of others, including Intellectual Property Rights and rights of privacy and publicity;
9.2.4 comply with Applicable Law, including consumer-protection, advertising, endorsement, and privacy laws; and
9.2.5 be relevant to accessibility, travel, or the place or destination concerned.
9.3 Prohibited Content. You must not submit Content that:
9.3.1 is defamatory, libelous, fraudulent, or knowingly false;
9.3.2 contains false or misleading accessibility claims, including claims that a place is "fully accessible," meets a legal standard, or has features it does not have;
9.3.3 harasses, threatens, bullies, demeans, or promotes discrimination or violence against any person or group, including on the basis of disability, race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, or any other protected characteristic;
9.3.4 is sexually explicit, obscene, graphic, or gratuitously violent;
9.3.5 contains personal information of others without their consent, including health information;
9.3.6 infringes or misappropriates any Intellectual Property Right or other right;
9.3.7 contains advertising, spam, chain letters, or solicitations not permitted by AbleVu;
9.3.8 contains malware, viruses, or harmful code; or
9.3.9 impersonates any person or organization or misrepresents your affiliation.
9.4 No Obligation to Monitor. AbleVu has no obligation to monitor, review, or edit User Content, but may do so at any time for any reason. AbleVu's review, editing, or non-removal of any Content does not mean AbleVu agrees with it, has confirmed its accuracy, or assumes responsibility for it.
9.5 Removal and Editing. AbleVu may remove, decline, edit for format, length, clarity, or translation, label, re-categorize, or restrict access to any Content at any time, with or without notice, for any reason, including suspected violation of these Terms.
9.6 Reporting Content. If you believe Content is inaccurate, out of date, infringing, or otherwise violates these Terms, please report it using the reporting tools on the Services or by contacting [legal@ablevu.com]. Copyright complaints should follow Section 21.
9.7 Data Freshness. Content may show a date of submission or last update. Such dates are provided for context only and do not mean the Content was accurate on that date or remains accurate.
10. Acceptable Use
10.1 Prohibited Activities. You must not, and must not help or allow anyone else to:
10.1.1 Scraping and data extraction: use any robot, spider, crawler, scraper, or other automated means, or any manual process, to access, collect, copy, harvest, index, or monitor the Services or any Content, including Place Profiles, Accessibility Information, photos, reviews, or Destination Pages, except (a) as permitted by AbleVu's robots.txt file for public search engines, or (b) with AbleVu's prior written permission;
10.1.2 Bots and automation: create Accounts, submit Content, send messages, or interact with AbleBot through bots, scripts, or other automated means, or create Accounts under false pretenses or in bulk;
10.1.3 AI training: use the Services or any Content to train, fine-tune, benchmark, or develop any artificial-intelligence or machine-learning model, or to build a competing database or service, without AbleVu's prior written permission;
10.1.4 Harassment: harass, stalk, threaten, intimidate, or abuse any User, Ambassador, Business, Destination, venue staff, or AbleVu personnel;
10.1.5 False accessibility claims: submit, or cause anyone to submit, false or misleading Accessibility Information, or manipulate ratings, reviews, or rankings;
10.1.6 Review manipulation: post fake reviews, buy or sell reviews, review your own place or a competitor, or coordinate others to do so;
10.1.7 Security: probe, scan, or test the vulnerability of the Services, circumvent or disable security or rate-limiting measures, or access non-public areas or data;
10.1.8 Interference: interfere with or disrupt the Services, servers, or networks, impose an unreasonable load, or introduce malicious code;
10.1.9 Reverse engineering: decompile, disassemble, or reverse engineer the Services, except to the extent Applicable Law expressly allows despite this restriction;
10.1.10 AbleBot misuse: attempt to jailbreak, prompt-inject, or otherwise cause AbleBot to bypass its safeguards, reveal system instructions, generate prohibited content, or disclose other Users' information;
10.1.11 Framing and resale: frame, mirror, resell, sublicense, or commercially exploit the Services or Content, except as expressly permitted;
10.1.12 Impersonation: impersonate AbleVu, its personnel, or any other person, or falsely claim an affiliation with, or a verification, endorsement, or certification by, AbleVu;
10.1.13 Unlawful use: use the Services for any illegal purpose, or in violation of any Applicable Law, including anti-discrimination and consumer-protection laws; or
10.1.14 Circumventing enforcement: create a new Account after suspension or termination, or use another person's Account to avoid enforcement.
10.2 Accessibility Tools Permitted. Nothing in Section 10.1 prohibits you from using screen readers, screen magnifiers, voice control, switch access, browser extensions for accessibility, or other assistive technologies to access the Services for your own use.
10.3 Enforcement. AbleVu may investigate and take any action it considers appropriate for violations, including removing Content, suspending or terminating Accounts, blocking access, and reporting conduct to law enforcement.
11. Content Ownership and Licensing
PLEASE READ THIS SECTION CAREFULLY. IF YOU ARE AN AMBASSADOR, BUSINESS, OR DESTINATION, IT TRANSFERS OWNERSHIP OF CONTENT YOU ADD TO ABLEVU, TO THE EXTENT YOU OWN IT, TO ABLEVU.
11.1 Scope. This Section 11 governs the ownership and licensing of User Content. It does not apply to Licensed Third-Party Content (Section 12), to a Destination's or Business's own names, logos, and trademarks (Sections 8.5 and 11.6), or to Third-Party Material except to the extent provided in Section 11.5.
11.2 Assignment of Contributor Content.
11.2.1 Assignment. In consideration of AbleVu's provision of the Services and the opportunity to participate in the Platform, the receipt and sufficiency of which you acknowledge, each Ambassador, Business, and Destination hereby irrevocably assigns, transfers, and conveys to AbleVu, and agrees to assign, transfer, and convey to AbleVu, all right, title, and interest worldwide, including all Intellectual Property Rights, in and to all Contributor Content that it adds to the Platform, including text, Accessibility Information, photographs, reviews, ratings, descriptions, and lists, upon submission. Upon submission, such Contributor Content becomes the intellectual property of AbleVu, to the extent the Contributor owns it.
11.2.2 Further assurances. You agree to sign any documents and take any further actions that AbleVu reasonably requests, at AbleVu's expense, to confirm, perfect, register, or enforce AbleVu's rights under this Section 11.2. If you fail to do so within a reasonable time after request, you appoint AbleVu as your attorney-in-fact, solely for the limited purpose of executing such documents on your behalf.
11.2.3 Your continued use. AbleVu grants each Contributor a non-exclusive, worldwide, royalty-free, non-transferable license to use, reproduce, and display the Contributor Content it submitted (excluding any changes made by AbleVu or others) for the Contributor's own non-commercial or internal business purposes, such as on the Contributor's own website or social media, provided the Contributor does not state or imply that AbleVu has verified, certified, or endorsed it. This license-back does not permit the Contributor to license the Contributor Content to any competitor of AbleVu or to use it to build a competing service.
11.3 Fallback License and Moral-Rights Waiver.
11.3.1 Fallback license. To the extent that any assignment in Section 11.2 is not effective or enforceable under Applicable Law, for any reason or in any jurisdiction, or to the extent any right in Contributor Content cannot be assigned, you hereby grant to AbleVu an exclusive (to the extent the right permits exclusivity, and otherwise non-exclusive), perpetual, irrevocable, worldwide, fully paid-up, royalty-free, transferable, and sublicensable (through multiple tiers) license to use, reproduce, distribute, modify, adapt, translate, create derivative works of, publicly display, publicly perform, publish, transmit, commercialize, and otherwise exploit that Contributor Content, in whole or in part, in any media, format, or technology now known or later developed, for any purpose.
11.3.2 Moral rights. To the maximum extent permitted by Applicable Law, you irrevocably waive, and agree not to assert against AbleVu, its licensees, successors, and assigns, any moral rights, rights of attribution or integrity, droit moral, or similar rights you may have in Contributor Content. Where such rights cannot be waived, you consent to any act or omission by AbleVu or its licensees that would otherwise infringe them.
11.3.3 Name and likeness. You grant AbleVu the right to use the name, username, and profile image you submit in connection with your Content, for attribution and in connection with the Services, and you acknowledge that AbleVu is not required to attribute Content to you.
11.4 License for Traveler Content, Feedback, and AbleBot Conversations.
11.4.1 License. For Traveler Content, including reviews, ratings, comments, suggested edits, photos, Feedback, and AbleBot prompts and conversations, you retain any ownership rights you have, and you hereby grant AbleVu a non-exclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free, transferable, and sublicensable (through multiple tiers) license to use, reproduce, distribute, modify, adapt, translate, create derivative works of, publicly display, publicly perform, publish, and otherwise exploit that Traveler Content in any media now known or later developed, for any purpose, including operating, improving, and promoting the Services, developing new products and features, and improving AbleBot, subject to the Privacy Policy.
11.4.2 Feedback. Feedback is provided voluntarily, and AbleVu may use it without restriction, attribution, or compensation to you. You will not assert any claim against AbleVu relating to its use of Feedback.
11.4.3 AbleBot conversations. AbleVu may store, review, and analyze AbleBot prompts and conversations for safety, quality, troubleshooting, and product improvement, as described in the Privacy Policy. Do not enter sensitive personal information (for example, detailed medical information, government identifiers, or payment details) into AbleBot unless a feature specifically asks for it.
11.4.4 Moral rights. Section 11.3.2 applies to Traveler Content to the maximum extent permitted by Applicable Law.
11.5 Third-Party Material in Your Content.
11.5.1 Only the rights you have. If your User Content includes Third-Party Material, the assignment and licenses in this Section 11 apply only to the rights you have in that Third-Party Material. You do not assign, and AbleVu does not claim ownership of, rights you do not own.
11.5.2 Sufficient rights. You may include Third-Party Material only if you have the right to grant AbleVu, at a minimum, a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use it on and in connection with the Services as described in Section 11.3.1. You must identify Third-Party Material, and its owner and any required attribution, when you submit it, if the Services provide a way to do so or if AbleVu asks.
11.5.3 Your warranty. You represent and warrant that (a) you own your User Content, or have all rights, licenses, consents, and permissions necessary to grant the rights in this Section 11; (b) your User Content, and AbleVu's use of it as permitted by these Terms, will not infringe, misappropriate, or violate any Intellectual Property Right, privacy or publicity right, or other right of any person, or violate any Applicable Law or contract; and (c) you have obtained any required consent from identifiable individuals appearing in your Content.
11.6 Exclusions. The assignment in Section 11.2 does not apply to (a) a Business's or Destination's own trade names, trademarks, service marks, and logos, which are licensed under Sections 8.5 and 17.4; (b) Partner Credentials; (c) Licensed Third-Party Content; or (d) Content that a Destination or Business supplies under a separate signed written agreement with AbleVu that expressly provides different ownership terms.
11.7 No Obligation to Use; No Compensation. AbleVu is not obligated to use, publish, retain, or attribute any User Content. Except as AbleVu agrees in writing, you are not entitled to any compensation for User Content or for AbleVu's exercise of its rights.
11.8 Removal Requests. You may ask AbleVu to remove Content you submitted. AbleVu will consider such requests in good faith but, because Contributor Content is owned by or licensed to AbleVu and may have been combined with other Content, AbleVu is not required to remove it except where required by Applicable Law. Removal from public display does not end AbleVu's rights and may not remove copies in backups, caches, archives, or Content already shared with others.
12. Third-Party Licensed Content
12.1 Official Sources. Some Content on the Services is provided by official sources under license or permission, including destination organizations (for example, Visit Norway and Visit Fort Wayne), port authorities (for example, Port Everglades), tourism boards, and other organizations ("Licensed Third-Party Content"). The examples in this Section are illustrative and do not mean any particular organization's content is on the Services at any given time.
12.2 Ownership Remains with Owners. Licensed Third-Party Content remains the property of its respective owners and licensors. Nothing in these Terms, including Section 11, assigns ownership of Licensed Third-Party Content to AbleVu or claims that AbleVu owns it. AbleVu uses Licensed Third-Party Content only as permitted by the applicable license or permission.
12.3 Attribution. AbleVu displays Licensed Third-Party Content with attribution to its source where required by the license or where practical. Attribution identifies the source only and does not mean the source endorses AbleVu, or that AbleVu endorses or vouches for the source or the Content.
12.4 No Copying Out of the Platform. You may view Licensed Third-Party Content on the Services for your personal use only. You must not copy, download (except as cached by your browser), extract, republish, redistribute, modify, or use Licensed Third-Party Content outside the Services, or remove or alter any attribution, copyright, or other notice, without the permission of its owner.
12.5 Owner Requests. If an owner of Licensed Third-Party Content withdraws its permission or asks AbleVu to change or remove its content, AbleVu will act on the request as required by the applicable license. Owners may contact [legal@ablevu.com].
12.6 Accuracy. Licensed Third-Party Content is provided by its owners. AbleVu does not check its accuracy, and Sections 14, 16, and 22 apply to it.
13. AbleBot and AI Features
IMPORTANT: ABLEBOT CAN BE WRONG. ALWAYS CONFIRM ACCESSIBILITY DETAILS DIRECTLY WITH THE VENUE BEFORE YOU RELY ON THEM.
13.1 What AbleBot Is. AbleBot is an automated AI assistant that generates responses based on your input, Content on the Services, and other sources. AbleBot is not a person, and its responses are not reviewed by a human before you see them.
13.2 AI Output May Be Wrong. AI Output is generated automatically and may be inaccurate, incomplete, out of date, inconsistent, or misleading, and may describe places, features, or facts that do not exist (sometimes called "hallucinations"). AI Output may not reflect the Content of the Services, and AbleBot may misunderstand your question.
13.3 Verify with the Venue. You must independently confirm any information in AI Output that matters to you, especially accessibility, safety, medical, mobility, transportation, and dietary information, directly with the venue, operator, or provider before you rely on it.
13.4 Not Professional Advice. AI Output is general information only. It is not professional, medical, health, legal, financial, travel-agent, or other professional advice, and does not create any professional or fiduciary relationship. AbleBot does not provide legal opinions, including about whether any place complies with any law (see Section 15). Consult a qualified professional for advice about your circumstances.
13.5 No Endorsement. A recommendation or mention of a place, person, travel planner, or guide by AbleBot is not an endorsement, verification, or recommendation by AbleVu.
13.6 Your Inputs. You are responsible for your prompts and for complying with Section 10. Do not submit personal information about others, confidential information, or sensitive information you do not want processed as described in the Privacy Policy.
13.7 Third-Party AI Providers. AbleBot may be powered in part by third-party technology providers. Your inputs may be processed by those providers under AbleVu's agreements with them and as described in the Privacy Policy.
13.8 Use of AI Output. Subject to these Terms and Applicable Law, you may use AI Output for your personal, non-commercial trip planning. AbleVu makes no representation that AI Output is unique, protectable, or free from third-party rights, and you must not represent AI Output as human-generated where that would be misleading.
13.9 Changes and Availability. AbleVu may change, limit, or discontinue AbleBot at any time, and may apply usage limits.
13.10 Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABLEVU IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON AI OUTPUT. Sections 16, 22, and 23 apply to AbleBot and AI Output.
14. Accessibility Information Disclaimer
PLEASE READ CAREFULLY. ABLEVU DOES NOT INSPECT, VERIFY, CERTIFY, OR VOUCH FOR ANY PLACE, PERSON, TRAVEL PLANNER, OR GUIDE.
14.1 Sources of Information. Accessibility Information and other Content on the Services comes from many sources, including Businesses, Destinations and their Partners, Ambassadors and other community members, Travelers, Licensed Third-Party Content, public sources, and AI Output. AbleVu labels sources where practical but cannot guarantee that labels are complete or correct.
14.2 No Inspection or Verification. AbleVu does not inspect, survey, audit, measure, verify, certify, rate, approve, or vouch for any place, Business, Destination, Partner, Ambassador, User, travel planner, guide, or other person, or any Content. AbleVu does not check the identity, qualifications, background, credentials, or conduct of any person who appears on or uses the Services.
14.3 No Determination of Legal Compliance. AbleVu does not determine whether any place complies with any law, regulation, code, or standard. See Section 15.
14.4 Partner Credentials Belong to the Partner. Any Partner Credential displayed on the Services belongs to the issuing organization and the Partner or person holding it. AbleVu does not issue, confirm, or stand behind any Partner Credential, and its display is not a statement by AbleVu.
14.5 Individual Needs Vary. Accessibility is personal. A place that works for one person may not work for another. Feature tags, icons, summaries, filters, and search results are simplified descriptions and may not capture what matters to you.
14.6 Conditions Change. Places change because of renovations, maintenance, equipment failure, weather, events, staffing, and ownership changes. Content may not reflect current conditions.
14.7 Confirm Before You Go. You should contact the venue, operator, or provider directly to confirm that it meets your needs before you travel or visit.
14.8 Travel Planners and Guides. If the Services list or link to travel planners, travel agents, tour operators, or guides, AbleVu does not employ, supervise, or vouch for them, and any arrangement you make with them is solely between you and them.
15. No Legal or Regulatory Determinations (ADA and Other Laws)
15.1 Information-Sharing Platform Only. AbleVu is an information-sharing platform only. AbleVu does not report, rate, assess, or determine whether any place, facility, website, service, or experience meets, complies with, or violates:
15.1.1 the Americans with Disabilities Act of 1990, as amended, or its implementing regulations;
15.1.2 the ADA Standards for Accessible Design (including the 1991 and 2010 Standards);
15.1.3 the Rehabilitation Act of 1973, as amended;
15.1.4 any state, provincial, or local building, fire, or accessibility code;
15.1.5 the Accessible Canada Act or any Canadian provincial accessibility law;
15.1.6 the European Accessibility Act or any law of a European Union or European Economic Area member state implementing it; or
15.1.7 any other law, rule, regulation, guideline, or standard, in any country or jurisdiction.
15.2 Nothing Is a Compliance Statement. Nothing on the Services, including Place Profiles, Accessibility Information, feature tags, photos, Partner Credentials or badges, Destination Pages, lists, ratings, reviews, Ambassador Content, AbleBot answers, or AbleVu's communications, is or should be understood as a statement, certification, opinion, or representation that any place complies or does not comply with any law or standard.
15.3 Not Legal Advice. Nothing on the Services is legal advice. Businesses and Destinations that want to understand their legal obligations should consult qualified legal counsel or accessibility professionals.
15.4 Contributors Must Not Make Compliance Claims. Contributors must not use the Services to state or imply that any place complies with any law or standard, and AbleVu may remove or edit any such statement.
15.5 Confirm with the Venue. Users should confirm their accessibility needs with the venue directly.
16. Accuracy of Information; No Liability for Incorrect Information
16.1 No Guarantee of Accuracy. AbleVu does not represent or warrant that any Content on the Services is accurate, complete, current, reliable, or suitable for your needs.
16.2 No Liability for Incorrect Information. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABLEVU IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION THAT IS INCORRECT, INCOMPLETE, OUTDATED, OR MISLEADING, OR FOR ANY LOSS, INJURY, DAMAGE, OR EXPENSE ARISING FROM IT, WHATEVER ITS SOURCE, INCLUDING INFORMATION FROM BUSINESSES, AMBASSADORS, DESTINATIONS, PARTNERS, TRAVELERS, LICENSED THIRD-PARTY CONTENT, PUBLIC OR OTHER THIRD-PARTY SOURCES, OR ABLEBOT AND OTHER AI FEATURES.
16.3 Your Reliance. Any reliance you place on Content is at your own risk. Examples of losses for which AbleVu is not liable, to the maximum extent permitted by law, include missed or changed travel, non-refundable bookings, inability to access a place, and expenses incurred because a place did not have a feature described on the Services.
16.4 Relationship to Other Sections. This Section 16 supplements, and is subject to, Section 22 (Disclaimer of Warranties) and Section 23 (Limitation of Liability), including their carve-outs for liability that cannot be excluded or limited under Applicable Law.
17. AbleVu Intellectual Property and Trademarks
17.1 Ownership. The Services and AbleVu Materials, and all Intellectual Property Rights in them, including the compilation, selection, arrangement, and database of Content, are owned by AbleVu or its licensors and are protected by copyright, trademark, database, and other laws. Except for the limited license in Section 5.1, no rights are granted to you, by implication, estoppel, or otherwise.
17.2 Trademarks. "AbleVu," "AbleBot," the AbleVu logos, and other AbleVu names, logos, and slogans are trademarks of AbleVu (registered or unregistered). You may not use them without AbleVu's prior written permission, except to refer accurately to AbleVu in a way that does not imply sponsorship, endorsement, verification, or certification.
17.3 Approved Badges and Widgets. AbleVu may offer Businesses and Destinations "find us on AbleVu" badges, links, or widgets. You may use them only as AbleVu permits in its guidelines, and never in a way that suggests AbleVu has verified, certified, rated, or endorsed you or your place.
17.4 Your Marks. Each Business and Destination grants AbleVu a non-exclusive, worldwide, royalty-free license to use its names, logos, and trademarks submitted to the Services to identify it on and in connection with the Services. These marks remain the property of their owners.
17.5 Reservation of Rights. All rights not expressly granted in these Terms are reserved by AbleVu and its licensors.
18. Third-Party Links, Services, and Partners
18.1 Third-Party Links. The Services may contain links to, or integrations with, third-party websites, booking services, maps, apps, and services ("Third-Party Services"). AbleVu does not control and is not responsible for Third-Party Services, their content, accessibility, privacy practices, or availability. A link does not imply endorsement.
18.2 Your Dealings with Third Parties. Your dealings with any Business, Destination, Partner, venue, travel planner, guide, booking provider, or other third party found on or through the Services, including payment and delivery of goods or services, are solely between you and that third party. To the maximum extent permitted by law, AbleVu is not responsible for any loss or damage resulting from them.
18.3 Third-Party Terms. Your use of Third-Party Services may be subject to those third parties' terms and privacy policies, which you should review.
18.4 Affiliate and Sponsored Content. AbleVu may receive compensation from some third parties, for example through affiliate links or sponsored placements. Where AbleVu does so, it will disclose that relationship as required by Applicable Law. Sponsored or featured placement is not a statement about accessibility.
18.5 App Stores. If you access the Services through an app store, the app store provider is not a party to these Terms and is not responsible for the Services, except as its own terms require.
19. Fees
19.1 Current Pricing. As of the Effective date, AbleVu offers Traveler Accounts and Destination Accounts free of charge. [Confirm current pricing for Ambassador and Business Accounts and any premium features before publication.]
19.2 Right to Charge. AbleVu reserves the right to introduce fees for any Services, including Destination Accounts, Business features, and premium features, in the future. AbleVu will give you at least [thirty (30)] days' notice before you are charged any new fee, and you will not be charged unless you agree to the fee. If you do not agree, you may stop using the paid features or close your Account.
19.3 Paid Features. If you purchase paid features, you agree to pay all fees as described at the time of purchase, along with applicable taxes. Payment, billing, renewal, cancellation, and refund terms will be presented at the time of purchase or in a separate order form, and are incorporated into these Terms.
19.4 Public Bodies. Any fees for a government Destination will be subject to a separate written order or agreement that complies with that Destination's procurement requirements.
20. Privacy
20.1 Privacy Policy. AbleVu's collection, use, and disclosure of personal information is described in the Privacy Policy at [Privacy Policy URL], which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read the Privacy Policy.
20.2 Sensitive Information. Information about your disability, health, or accessibility needs can be sensitive. You choose whether to share it. Please do not post such information about yourself publicly unless you want it to be public, and do not post it about others.
20.3 Contributor Data. Each Business and Destination is responsible for its own compliance with privacy and data-protection laws in connection with any personal information it submits to AbleVu, including information about Partner staff.
21. Copyright Complaints (DMCA)
21.1 Policy. AbleVu respects intellectual property rights and responds to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), and other Applicable Law.
21.2 Notice of Infringement. If you believe Content on the Services infringes your copyright, send a written notice to AbleVu's designated agent that includes:
21.2.1 a physical or electronic signature of the copyright owner or a person authorized to act on its behalf;
21.2.2 identification of the copyrighted work claimed to be infringed;
21.2.3 identification of the material claimed to be infringing and information reasonably sufficient to locate it, such as the URL;
21.2.4 your name, address, telephone number, and email address;
21.2.5 a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
21.2.6 a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
21.3 Designated Agent. Copyright Agent, [AbleVu legal entity name], [Address], email: [legal@ablevu.com]. [Counsel: register a designated agent with the U.S. Copyright Office before publication.]
21.4 Counter-Notice. If your Content was removed in response to a notice and you believe it was removed by mistake or misidentification, you may send a counter-notice to the designated agent that includes: (a) your physical or electronic signature; (b) identification of the removed material and where it appeared; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the United States, any judicial district in which AbleVu may be found) and will accept service of process from the person who submitted the original notice. AbleVu may restore the material in accordance with the DMCA.
21.5 Repeat Infringers. AbleVu will, in appropriate circumstances, terminate the Accounts of Users who are repeat infringers.
21.6 Misrepresentations. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.
21.7 Other Complaints. Complaints about trademarks, privacy, defamation, or Licensed Third-Party Content may be sent to [legal@ablevu.com].
22. Disclaimer of Warranties
22.1 "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, ALL CONTENT, ABLEBOT, AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
22.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABLEVU AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (THE "ABLEVU PARTIES") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
22.3 No Warranty of Accuracy or Fitness. WITHOUT LIMITING SECTION 22.2, AND CONSISTENT WITH SECTIONS 14, 15, AND 16, THE ABLEVU PARTIES DO NOT WARRANT THAT (A) ANY CONTENT, INCLUDING ACCESSIBILITY INFORMATION AND AI OUTPUT, IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (B) ANY PLACE WILL MEET YOUR NEEDS OR ANY LAW OR STANDARD; (C) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.
22.4 Accessibility of the Services. AbleVu aims to make the Services themselves accessible and welcomes feedback at [legal@ablevu.com] or [accessibility contact]. This aim is not a warranty.
22.5 Jurisdictional Limits. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY WARRANTY IS LIMITED TO THE MINIMUM SCOPE AND DURATION REQUIRED BY APPLICABLE LAW.
23. Limitation of Liability
23.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ABLEVU PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR TRAVEL OR BOOKING COSTS, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY CONTENT (INCLUDING INCORRECT, INCOMPLETE, OUTDATED, OR MISLEADING INFORMATION), ABLEBOT OR AI OUTPUT, OR ANY PLACE OR THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ABLEVU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ABLEVU PARTIES' TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ABLEVU FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
23.3 Basis of the Bargain. THE LIMITATIONS IN THIS SECTION 23 AND IN SECTIONS 16 AND 22 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ABLEVU, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ABLEVU OFFERS MANY SERVICES FREE OF CHARGE AND WOULD NOT DO SO WITHOUT THESE LIMITATIONS.
23.4 Carve-Out. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH MAY INCLUDE LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR RIGHTS YOU HAVE UNDER NON-WAIVABLE CONSUMER-PROTECTION LAWS. IN THOSE CASES, ABLEVU'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
23.5 Time Limit. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE IT IS PERMANENTLY BARRED.
24. Indemnification
24.1 Your Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the AbleVu Parties from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
24.1.1 your User Content, including any claim that it is inaccurate, misleading, infringing, or unlawful;
24.1.2 your use or misuse of the Services;
24.1.3 your breach of these Terms or of any representation or warranty in them;
24.1.4 your violation of any Applicable Law or the rights of any third party;
24.1.5 for Ambassadors, your visits to and conduct at any place;
24.1.6 for Businesses, the place you represent, your Place Profile, and any dispute about your authority; and
24.1.7 for Destinations, your Partner lists and Partner information, and any claim by a Partner or other third party that you lacked consent or authority to submit it.
24.2 Procedure. AbleVu will give you notice of any claim for which it seeks indemnity (although failure to do so relieves you of your obligations only to the extent you are materially prejudiced), and may control the defense of the claim at your expense. You may not settle any claim that imposes obligations on, or admits fault by, an AbleVu Party without AbleVu's prior written consent.
24.3 Public Bodies. For government Destinations, this Section 24 applies only to the extent permitted by laws that bind the Destination (see Section 8.6).
25. Termination and Suspension
25.1 By You. You may stop using the Services at any time and may close your Account through your Account settings or by contacting [legal@ablevu.com].
25.2 By AbleVu. AbleVu may suspend, restrict, or terminate your access to all or part of the Services, remove your Content, revoke any Contributor status, or close your Account, at any time, with or without notice, for any reason or no reason, including if AbleVu believes you have violated these Terms, created risk or legal exposure for AbleVu or others, or if required by law. Where reasonable and lawful, AbleVu will try to give notice and an opportunity to respond.
25.3 Discontinuation. AbleVu may modify, suspend, or discontinue the Services or any feature, including AbleBot, at any time. To the maximum extent permitted by law, AbleVu is not liable to you or any third party for doing so.
25.4 Effect of Termination. On termination, your right to use the Services ends immediately. AbleVu may retain, continue to display, and use Contributor Content and Traveler Content in accordance with Section 11 and the Privacy Policy. AbleVu is not obligated to provide you with copies of any Content after termination, except where required by law.
25.5 Survival. The following survive any termination or expiration of these Terms: Section 1 (Definitions), Section 2.6 (Record of Acceptance), Sections 6.2.9 and 7.2 and 8.2 and 8.3 (to the extent they relate to Content submitted before termination), Section 9.1, Section 11 (Content Ownership and Licensing), Section 12 (Third-Party Licensed Content), Sections 13 through 16 (Disclaimers about AI, Accessibility Information, Legal Determinations, and Accuracy), Section 17 (AbleVu Intellectual Property), Section 19 (as to unpaid fees), Section 22 (Disclaimer of Warranties), Section 23 (Limitation of Liability), Section 24 (Indemnification), Section 25.4 and this Section 25.5, Sections 26 and 27 (Dispute Resolution and Governing Law), and Sections 28 through 30, and any other provision that by its nature should survive.
26. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH ABLEVU THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS (SECTION 26.9).
26.1 Informal Resolution First. Before starting arbitration or any court proceeding, you and AbleVu each agree to try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") informally. The party raising the Dispute must send a written notice to the other describing the Dispute, the relief sought, and contact information (for notices to AbleVu, to [legal@ablevu.com] and [Address]). The parties will negotiate in good faith for at least [sixty (60)] days after the notice is received, which may include an individual telephone or video conference if requested. Any applicable limitations period is tolled during this period.
26.2 Agreement to Arbitrate. If a Dispute is not resolved informally, you and AbleVu agree that it will be resolved exclusively by final and binding individual arbitration, except as provided in Section 26.6. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). The arbitrator, and not any court, will have exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 26, except that a court will decide any dispute about Section 26.5 (Class Action Waiver) and Section 26.8 (Mass Arbitration).
26.3 Arbitration Rules and Forum. The arbitration will be administered by [the American Arbitration Association ("AAA") under its Consumer Arbitration Rules for individual consumers, and its Commercial Arbitration Rules for Businesses and Destinations] [Counsel: confirm provider, e.g. AAA or JAMS], as modified by this Section 26. The arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, any in-person hearing will take place in the county where you reside (for individuals) or in [County], [Governing law state — suggest Michigan] (for organizations), and may be conducted by video or on written submissions where the rules permit.
26.4 Fees and Costs. Payment of filing, administration, and arbitrator fees will be governed by the applicable rules. For individual consumer claims, AbleVu will pay any such fees exceeding the amount you would pay to file a claim in court, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless the arbitrator awards them under Applicable Law.
26.5 Class Action Waiver. YOU AND ABLEVU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking it and only to the extent necessary to provide relief for that party's individual claim. If this Section 26.5 is found unenforceable as to any claim, that claim (and only that claim) must be severed and litigated in court under Section 27, after the arbitration of any individual claims, and the remainder of Section 26 will still apply.
26.6 Exceptions. Either party may (a) bring an individual action in small-claims court for Disputes within that court's jurisdiction; and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights or to stop scraping or other misuse of the Services described in Section 10.
26.7 Jury Trial Waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ABLEVU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
26.8 Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are filed against AbleVu by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches under the applicable provider's mass-arbitration procedures, and the parties will cooperate in good faith to resolve them efficiently. [Counsel: tailor to selected provider's current rules.]
26.9 30-Day Right to Opt Out. You may opt out of this agreement to arbitrate by sending written notice to [legal@ablevu.com] or [Address] within thirty (30) days after you first accept these Terms (or, if later, within thirty (30) days after a material change to this Section 26). The notice must include your name, the email address associated with your Account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, including Section 27. If you opt out, AbleVu will also not be bound by this arbitration agreement with respect to you.
26.10 Changes. If AbleVu changes this Section 26 after you accepted it, you may reject the change by sending written notice to [legal@ablevu.com] within thirty (30) days of the change, in which case the version you previously accepted continues to apply.
26.11 Public Bodies. Section 8.6 applies to government Destinations.
27. Governing Law and Venue
27.1 Governing Law. These Terms and any Dispute are governed by the laws of the State of [Governing law state — suggest Michigan], without regard to its conflict-of-laws rules, and, as to Section 26, the FAA. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
27.2 Venue. Subject to Section 26, any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in [County], [Governing law state — suggest Michigan], and you and AbleVu consent to the personal jurisdiction of and venue in those courts.
27.3 Mandatory Local Law. If you are a consumer residing in a jurisdiction whose laws give you the non-waivable right to bring proceedings in, or to have the laws of, your place of residence apply, nothing in these Terms limits those rights.
28. Notices and Electronic Communications
28.1 Notices to You. AbleVu may give you notices by email to the address associated with your Account, by in-product messages, or by posting on the Services. Email notices are effective when sent, and posted notices are effective when posted. You are responsible for keeping your email address current.
28.2 Notices to AbleVu. Legal notices to AbleVu must be sent to [AbleVu legal entity name], Attn: Legal, [Address], with a copy by email to [legal@ablevu.com]. Notices are effective when received.
28.3 Consent to Electronic Communications. By using the Services, you consent to receive communications from AbleVu electronically, including notices, agreements, disclosures, and records. You agree that all such electronic communications satisfy any legal requirement that they be in writing, and that your electronic acceptance of these Terms (including by checking a box) has the same effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar laws.
28.4 Marketing Messages. You may opt out of marketing emails by following the unsubscribe instructions in them. You may not opt out of service-related or legal communications while you maintain an Account.
29. General Provisions
29.1 Assignment. You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without AbleVu's prior written consent. AbleVu may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this Section is void. These Terms bind and benefit the parties' permitted successors and assigns.
29.2 Force Majeure. AbleVu is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, failures of internet, hosting, AI, or telecommunications providers, cyberattacks, and power outages.
29.3 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect, except as provided in Section 26.5.
29.4 Waiver. AbleVu's failure to enforce any right or provision is not a waiver of that right or provision. A waiver is effective only if in writing and signed by an authorized representative of AbleVu.
29.5 Entire Agreement. These Terms, together with the Privacy Policy, any Additional Terms, and any signed written agreement described in Section 2.4, constitute the entire agreement between you and AbleVu regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding that subject matter.
29.6 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between you and AbleVu.
29.7 No Third-Party Beneficiaries. These Terms do not confer any rights on any third party, except that the AbleVu Parties are intended third-party beneficiaries of Sections 22, 23, and 24.
29.8 Interpretation. These Terms will not be construed against the drafter. Section and subsection references include all of their subsections. If these Terms are translated, the English version controls to the extent permitted by law.
29.9 Export and Sanctions. You agree to comply with all applicable export-control and sanctions laws in your use of the Services.
29.10 U.S. Government Users. The Services are "commercial items" and "commercial computer software" as those terms are used in applicable federal acquisition regulations, and are provided to government users only with the rights set out in these Terms, subject to Section 8.6.
30. Contact
Questions about these Terms may be sent to:
[AbleVu legal entity name] Attn: Legal [Address] Email: [legal@ablevu.com] Website: ablevu.com
End of Terms and Conditions.