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Website and App Terms and Conditions
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(Last\r\nupdated 11/23/2020)
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AGREEMENT\r\nTO TERMS
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These\r\nTerms and Conditions constitute a legally binding agreement made between you,\r\nwhether personally or on behalf of an entity (\"you\") and [CSL Software Solutions\r\n,Inc.] (\"we,\" \"us\" or \"our\"), concerning your access to and use of\r\nthe [dinesafevt.co] website as well as any other media form, media\r\nchannel, mobile website or mobile application related, linked, or otherwise\r\nconnected thereto (collectively, the \"Site\").
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You\r\nagree that by accessing the Site, you have read, understood, and agree to be\r\nbound by all of these Terms and Conditions. If you do not agree with all of\r\nthese Terms and Conditions, then you are expressly prohibited from using the\r\nSite and you must discontinue use immediately.
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Supplemental\r\nterms and conditions or documents that may be posted on the Site from time to\r\ntime are hereby expressly incorporated herein by reference. We reserve the\r\nright, in our sole discretion, to make changes or modifications to these Terms\r\nand Conditions at any time and for any reason.
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We\r\nwill alert you about any changes by updating the \"Last updated\" date of these\r\nTerms and Conditions, and you waive any right to receive specific notice of\r\neach such change.
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It is\r\nyour responsibility to periodically review these Terms and Conditions to stay\r\ninformed of updates. You will be subject to, and will be deemed to have been\r\nmade aware of and to have accepted, the changes in any revised Terms and\r\nConditions by your continued use of the Site after the date such revised Terms\r\nand Conditions are posted.
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The\r\ninformation provided on the Site is not intended for distribution to or use by\r\nany person or entity in any jurisdiction or country where such distribution or\r\nuse would be contrary to law or regulation or which would subject us to any\r\nregistration requirement within such jurisdiction or country.
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Accordingly,\r\nthose persons who choose to access the Site from other locations do so on their\r\nown initiative and are solely responsible for compliance with local laws, if\r\nand to the extent local laws are applicable.
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All users who are minors in the\r\njurisdiction in which they reside (generally under the age of 18) must have the\r\npermission of, and be directly supervised by, their parent or guardian to use\r\nthe Site. If you are a minor, you must have your parent or guardian read and\r\nagree to these Terms and Conditions prior to you using the Site.
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INTELLECTUAL\r\nPROPERTY RIGHTS
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Unless\r\notherwise indicated, the Site is our proprietary property and all source code,\r\ndatabases, functionality, software, website designs, audio, video, text,\r\nphotographs, and graphics on the Site (collectively, the \"Content\") and the\r\ntrademarks, service marks, and logos contained therein (the \"Marks\") are owned\r\nor controlled by us or licensed to us, and are protected by copyright and\r\ntrademark laws and various other intellectual property rights and unfair\r\ncompetition laws of the United States, foreign jurisdictions, and international\r\nconventions.
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The\r\nContent and the Marks are provided on the Site \"AS IS\" for your information and\r\npersonal use only. Except as expressly provided in these Terms and Conditions,\r\nno part of the Site and no Content or Marks may be copied, reproduced,\r\naggregated, republished, uploaded, posted, publicly displayed, encoded,\r\ntranslated, transmitted, distributed, sold, licensed, or otherwise exploited\r\nfor any commercial purpose whatsoever, without our express prior written\r\npermission.
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Provided\r\nthat you are eligible to use the Site, you are granted a limited license to\r\naccess and use the Site and to download or print a copy of any portion of the\r\nContent to which you have properly gained access solely for your personal,\r\nnon-commercial use. We reserve all rights not expressly granted to you in and\r\nto the Site, the Content and the Marks.
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USER\r\nREPRESENTATIONS
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By\r\nusing the Site, you represent and warrant that:
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[(1)\r\nall registration information you submit will be true, accurate, current, and\r\ncomplete; (2) you will maintain the accuracy of such information and promptly\r\nupdate such registration information as necessary;]
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(3)\r\nyou have the legal capacity and you agree to comply\r\nwith these Terms and Conditions;
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[(4)\r\nyou are not under the age of 13;]
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(5)\r\nnot a minor in the jurisdiction in which you reside [, or if a minor, you\r\nhave received parental permission to use the Site];
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(6)\r\nyou will not access the Site through automated or non-human means, whether\r\nthrough a bot, script, or otherwise;
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(7)\r\nyou will not use the Site for any illegal or unauthorized purpose;
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(8)\r\nyour use of the Site will not violate any applicable law or regulation.
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If\r\nyou provide any information that is untrue, inaccurate, not current, or\r\nincomplete, we have the right to suspend or terminate your account and refuse\r\nany and all current or future use of the Site (or any portion thereof).
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USER\r\nREGISTRATION
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You\r\nmay be required to register with the Site. You agree to keep your password\r\nconfidential and will be responsible for all use of your account and password.\r\nWe reserve the right to remove, reclaim, or change a username you select if we\r\ndetermine, in our sole discretion, that such username is inappropriate,\r\nobscene, or otherwise objectionable.
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PROHIBITED\r\nACTIVITIES
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You\r\nmay not access or use the Site for any purpose other than that for which we\r\nmake the Site available. The Site may not be used in connection with any\r\ncommercial endeavors except those that are specifically endorsed or approved by\r\nus.
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As a\r\nuser of the Site, you agree not to:
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1. \r\nsystematically retrieve data or other content from the Site to create\r\nor compile, directly or indirectly, a collection, compilation, database, or\r\ndirectory without written permission from us.
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2. \r\nmake any unauthorized use of the Site, including collecting\r\nusernames and/or email addresses of users by electronic or other means for the\r\npurpose of sending unsolicited email, or creating user accounts by automated\r\nmeans or under false pretenses.
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3. \r\nuse a buying agent or purchasing agent to make purchases on the\r\nSite.
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4. \r\nuse the Site to advertise or offer to sell goods and services.
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5. \r\ncircumvent, disable, or otherwise interfere with security-related\r\nfeatures of the Site, including features that prevent or restrict the use or\r\ncopying of any Content or enforce limitations on the use of the Site and/or the\r\nContent contained therein.
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6. \r\nengage in unauthorized framing of or linking to the Site.
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7. \r\ntrick, defraud, or mislead us and other users, especially in any\r\nattempt to learn sensitive account information such as user passwords;
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8. \r\nmake improper use of our support services or submit false reports\r\nof abuse or misconduct.
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9. \r\nengage in any automated use of the system, such as using scripts\r\nto send comments or messages, or using any data mining, robots, or similar data\r\ngathering and extraction tools.
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10. \r\ninterfere with, disrupt, or create an undue burden on the Site or\r\nthe networks or services connected to the Site.
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11. \r\nattempt to impersonate another user or person or use the username\r\nof another user.
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12. \r\nsell or otherwise transfer your profile.
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13. \r\nuse any information obtained from the Site in order to harass,\r\nabuse, or harm another person.
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14. \r\nuse the Site as part of any effort to compete with us or otherwise\r\nuse the Site and/or the Content for any revenue-generating endeavor or\r\ncommercial enterprise.
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15. \r\ndecipher, decompile, disassemble, or reverse engineer any of the\r\nsoftware comprising or in any way making up a part of the Site.
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16. \r\nattempt to bypass any measures of the Site designed to prevent or\r\nrestrict access to the Site, or any portion of the Site.
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17. \r\nharass, annoy, intimidate, or threaten any of our employees or\r\nagents engaged in providing any portion of the Site to you.
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18. \r\ndelete the copyright or other proprietary rights notice from any\r\nContent.
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19. \r\ncopy or adapt the Site's software, including but not limited to\r\nFlash, PHP, HTML, JavaScript, or other code.
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20. \r\nupload or transmit (or attempt to upload or to transmit) viruses,\r\nTrojan horses, or other material, including excessive use of capital letters\r\nand spamming (continuous posting of repetitive text), that interferes with any\r\nparty's uninterrupted use and enjoyment of the Site or modifies, impairs,\r\ndisrupts, alters, or interferes with the use, features, functions, operation,\r\nor maintenance of the Site.
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21. \r\nupload or transmit (or attempt to upload or to transmit) any\r\nmaterial that acts as a passive or active information collection or transmission\r\nmechanism, including without limitation, clear graphics interchange formats\r\n(\"gifs\"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes\r\nreferred to as \"spyware\" or \"passive collection mechanisms\" or \"pcms\").
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22. \r\nexcept as may be the result of standard search engine or Internet\r\nbrowser usage, use, launch, develop, or distribute any automated system,\r\nincluding without limitation, any spider, robot, cheat utility, scraper, or\r\noffline reader that accesses the Site, or using or launching any unauthorized\r\nscript or other software.
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23. \r\ndisparage, tarnish, or otherwise harm, in our opinion, us and/or\r\nthe Site.
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24. \r\nuse the Site in a manner inconsistent with any applicable laws or\r\nregulations.
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USER\r\nGENERATED CONTRIBUTIONS
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The\r\nSite may invite you to chat, contribute to, or participate in blogs, message\r\nboards, online forums, reviews, and other functionality, and may provide you\r\nwith the opportunity to create, submit, post, display, transmit, perform,\r\npublish, distribute, or broadcast content and materials to us or on the Site,\r\nincluding but not limited to text, writings, video, audio, photographs,\r\ngraphics, comments, suggestions, or personal information or other material\r\n(collectively, \"Contributions\").
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Contributions\r\nmay be viewable by other users of the Site and through third-party websites. As\r\nsuch, any Contributions you transmit may be treated as non-confidential and\r\nnon-proprietary. When you create or make available any Contributions, you\r\nthereby represent and warrant that:
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1. \r\nthe creation, distribution, transmission, public display, or\r\nperformance, and the accessing, downloading, or copying of your Contributions\r\ndo not and will not infringe the proprietary rights, including but not limited\r\nto the copyright, patent, trademark, trade secret, or moral rights of any third\r\nparty.
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2. \r\nyou are the creator and owner of or have the necessary licenses,\r\nrights, consents, releases, and permissions to use and to authorize us, the\r\nSite, and other users of the Site to use your Contributions in any manner\r\ncontemplated by the Site and these Terms and Conditions.
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3. \r\nyou have the written consent, release, and/or permission of each\r\nand every identifiable individual person in your Contributions to use the name\r\nor likeness of each and every such identifiable individual person to enable\r\ninclusion and use of your Contributions in any manner contemplated by the Site\r\nand these Terms and Conditions.
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4. \r\nyour Contributions are not false, inaccurate, or misleading.
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5. \r\nyour Contributions are not unsolicited or unauthorized\r\nadvertising, promotional materials, pyramid schemes, chain letters, spam, mass\r\nmailings, or other forms of solicitation.
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6. \r\nyour Contributions are not obscene, lewd, lascivious, filthy,\r\nviolent, harassing, libelous, slanderous, or otherwise objectionable (as\r\ndetermined by us).
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7. \r\nyour Contributions do not ridicule, mock, disparage, intimidate,\r\nor abuse anyone.
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8. \r\nyour Contributions do not advocate the violent overthrow of any\r\ngovernment or incite, encourage, or threaten physical harm against another.
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9. \r\nyour Contributions do not violate any applicable law, regulation,\r\nor rule.
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10. \r\nyour Contributions do not violate the privacy or publicity rights\r\nof any third party.
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11. \r\nyour Contributions do not contain any material that solicits\r\npersonal information from anyone under the age of 18 or exploits people under\r\nthe age of 18 in a sexual or violent manner.
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12. \r\nyour Contributions do not violate any federal or state law\r\nconcerning child pornography, or otherwise intended to protect the health or\r\nwell-being of minors;
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13. \r\nyour Contributions do not include any offensive comments that are\r\nconnected to race, national origin, gender, sexual preference, or physical\r\nhandicap.
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14. \r\nyour Contributions do not otherwise violate, or link to material\r\nthat violates, any provision of these Terms and Conditions, or any applicable\r\nlaw or regulation.
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Any\r\nuse of the Site in violation of the foregoing violates these Terms and\r\nConditions and may result in, among other things, termination or suspension of\r\nyour rights to use the Site.
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CONTRIBUTION\r\nLICENSE
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By\r\nposting your Contributions to any part of the Site [or making\r\nContributions accessible to the Site by linking your account from the Site to\r\nany of your social networking accounts], you automatically grant, and you\r\nrepresent and warrant that you have the right to grant, to us an unrestricted,\r\nunlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,\r\nfully-paid, worldwide right, and license to host, use, copy, reproduce,\r\ndisclose, sell, resell, publish, broadcast, retitle, archive, store, cache,\r\npublicly perform, publicly display, reformat, translate, transmit, excerpt (in\r\nwhole or in part), and distribute such Contributions (including, without\r\nlimitation, your image and voice) for any purpose, commercial, advertising, or\r\notherwise, and to prepare derivative works of, or incorporate into other works,\r\nsuch Contributions, and grant and authorize sublicenses of the foregoing. The\r\nuse and distribution may occur in any media formats and through any media\r\nchannels.
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This\r\nlicense will apply to any form, media, or technology now known or hereafter\r\ndeveloped, and includes our use of your name, company name, and franchise name,\r\nas applicable, and any of the trademarks, service marks, trade names, logos,\r\nand personal and commercial images you provide. You waive all moral rights in\r\nyour Contributions, and you warrant that moral rights have not otherwise been\r\nasserted in your Contributions.
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We do\r\nnot assert any ownership over your Contributions. You retain full ownership of\r\nall of your Contributions and any intellectual property rights\r\nor other proprietary rights associated with your Contributions. We are not\r\nliable for any statements or representations in your Contributions provided by\r\nyou in any area on the Site.
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You\r\nare solely responsible for your Contributions to the Site and you expressly\r\nagree to exonerate us from any and all responsibility and to refrain from any\r\nlegal action against us regarding your Contributions.
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We\r\nhave the right, in our sole and absolute discretion, (1) to edit, redact, or\r\notherwise change any Contributions; (2) to re-categorize any Contributions to\r\nplace them in more appropriate locations on the Site; and (3) to pre-screen or\r\ndelete any Contributions at any time and for any reason, without notice. We\r\nhave no obligation to monitor your Contributions.
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GUIDELINES\r\nFOR REVIEWS
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We\r\nmay provide you areas on the Site to leave reviews or ratings. When posting a\r\nreview, you must comply with the following criteria:
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(1)\r\nyou should have firsthand experience with the person/entity being reviewed;
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(2)\r\nyour reviews should not contain offensive profanity, or abusive, racist,\r\noffensive, or hate language;
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(3)\r\nyour reviews should not contain discriminatory references based on religion,\r\nrace, gender, national origin, age, marital status, sexual orientation, or disability;
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(4)\r\nyour reviews should not contain references to illegal activity;
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(5)\r\nyou should not be affiliated with competitors if posting negative reviews;
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(6)\r\nyou should not make any conclusions as to the legality of conduct;
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(7)\r\nyou may not post any false or misleading statements;
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(8)\r\nyou may not organize a campaign encouraging others to post reviews, whether\r\npositive or negative.
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We\r\nmay accept, reject, or remove reviews in our sole discretion. We have\r\nabsolutely no obligation to screen reviews or to delete reviews, even if anyone\r\nconsiders reviews objectionable or inaccurate. Reviews are not endorsed by us,\r\nand do not necessarily represent our opinions or the views of any of our\r\naffiliates or partners.
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We do\r\nnot assume liability for any review or for any claims, liabilities, or losses\r\nresulting from any review. By posting a review, you hereby grant to us a\r\nperpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and\r\nsublicensable right and license to reproduce, modify, translate, transmit by\r\nany means, display, perform, and/or distribute all content relating to reviews.
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MOBILE\r\nAPPLICATION LICENSE
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Use\r\nLicense
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If\r\nyou access the Site via a mobile application, then we grant you a revocable,\r\nnon-exclusive, non-transferable, limited right to install and use the mobile\r\napplication on wireless electronic devices owned or controlled by you, and to\r\naccess and use the mobile application on such devices strictly in accordance\r\nwith the terms and conditions of this mobile application license contained in\r\nthese Terms and Conditions.
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You\r\nshall not:
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(1)\r\ndecompile, reverse engineer, disassemble, attempt to derive the source code of,\r\nor decrypt the application;
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(2)\r\nmake any modification, adaptation, improvement, enhancement, translation, or\r\nderivative work from the application;
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(3)\r\nviolate any applicable laws, rules, or regulations in connection with your\r\naccess or use of the application;
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(4)\r\nremove, alter, or obscure any proprietary notice (including any notice of\r\ncopyright or trademark) posted by us or the licensors of the application;
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(5)\r\nuse the application for any revenue generating endeavor, commercial enterprise,\r\nor other purpose for which it is not designed or intended;
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(6)\r\nmake the application available over a network or other environment permitting access\r\nor use by multiple devices or users at the same time;
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(7)\r\nuse the application for creating a product, service, or software that is,\r\ndirectly or indirectly, competitive with or in any way a substitute for the application;
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(8)\r\nuse the application to send automated queries to any website or to send any\r\nunsolicited commercial e-mail;
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(9)\r\nuse any proprietary information or any of our interfaces or our other\r\nintellectual property in the design, development, manufacture, licensing, or\r\ndistribution of any applications, accessories, or devices for use with the\r\napplication.
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Apple\r\nand Android Devices
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The\r\nfollowing terms apply when you use a mobile application obtained from either\r\nthe Apple Store or Google Play (each an \"App Distributor\") to access the Site:
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(1)\r\nthe license granted to you for our mobile application is limited to a\r\nnon-transferable license to use the application on a device that utilizes the\r\nApple iOS or Android operating systems, as applicable, and in accordance with\r\nthe usage rules set forth in the applicable App Distributor's terms and\r\nconditions;
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(2)\r\nwe are responsible for providing any maintenance and support services with\r\nrespect to the mobile application as specified in the terms and conditions of\r\nthis mobile application license contained in these Terms and Conditions or as\r\notherwise required under applicable law, and you acknowledge that each App\r\nDistributor has no obligation whatsoever to furnish any maintenance and support\r\nservices with respect to the mobile application;
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(3)\r\nin the event of any failure of the mobile application to conform to any\r\napplicable warranty, you may notify the applicable App Distributor, and the App\r\nDistributor, in accordance with its terms and policies, may refund the purchase\r\nprice, if any, paid for the mobile application, and to the maximum extent\r\npermitted by applicable law, the App Distributor will have no other warranty\r\nobligation whatsoever with respect to the mobile application;
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(4)\r\nyou represent and warrant that (i) you are not\r\nlocated in a country that is subject to a U.S. government embargo, or that has\r\nbeen designated by the U.S. government as a \"terrorist supporting\" country and\r\n(ii) you are not listed on any U.S. government list of prohibited or restricted\r\nparties;
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(5)\r\nyou must comply with applicable third-party terms of agreement when using the\r\nmobile application, e.g., if you have a VoIP application, then you must not be\r\nin violation of their wireless data service agreement when using the mobile\r\napplication;
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6)\r\nyou acknowledge and agree that the App Distributors are third-party\r\nbeneficiaries of the terms and conditions in this mobile application license\r\ncontained in these Terms and Conditions, and that each App Distributor will\r\nhave the right (and will be deemed to have accepted the right) to enforce the\r\nterms and conditions in this mobile application license contained in these\r\nTerms and Conditions against you as a third-party beneficiary thereof.
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SOCIAL\r\nMEDIA
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As\r\npart of the functionality of the Site, you may link your account with online\r\naccounts you have with third-party service providers (each such account, a\r\n\"Third-Party Account\") by either: (1) providing your Third-Party Account login\r\ninformation through the Site; or (2) allowing us to access your Third-Party\r\nAccount, as is permitted under the applicable terms and conditions that govern\r\nyour use of each Third-Party Account.
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You\r\nrepresent and warrant that you are entitled to disclose your Third-Party\r\nAccount login information to us and/or grant us access to your Third-Party\r\nAccount, without breach by you of any of the terms and conditions that govern\r\nyour use of the applicable Third-Party Account, and without obligating us to\r\npay any fees or making us subject to any usage limitations imposed by the\r\nthird-party service provider of the Third-Party Account.
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By\r\ngranting us access to any Third-Party Accounts, you understand that (1) we may\r\naccess, make available, and store (if applicable) any content that you have\r\nprovided to and stored in your Third-Party Account (the \"Social Network\r\nContent\") so that it is available on and through the Site via your account,\r\nincluding without limitation any friend lists and (2) we may submit to and\r\nreceive from your Third-Party Account additional information to the extent you\r\nare notified when you link your account with the Third-Party Account.
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Depending\r\non the Third-Party Accounts you choose and subject to the privacy settings that\r\nyou have set in such Third-Party Accounts, personally identifiable information\r\nthat you post to your Third-Party Accounts may be available on and through your\r\naccount on the Site.
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Please\r\nnote that if a Third-Party Account or associated service becomes unavailable or\r\nour access to such Third-Party Account is terminated by the third-party service\r\nprovider, then Social Network Content may no longer be available on and through\r\nthe Site. You will have the ability to disable the connection between your\r\naccount on the Site and your Third-Party Accounts at any time.
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PLEASE\r\nNOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED\r\nWITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH\r\nSUCH THIRD-PARTY SERVICE PROVIDERS.
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We\r\nmake no effort to review any Social Network Content for any purpose, including\r\nbut not limited to, for accuracy, legality, or non-infringement, and we are not\r\nresponsible for any Social Network Content.
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You\r\nacknowledge and agree that we may access your email address book associated\r\nwith a Third-Party Account and your contacts list stored on your mobile device\r\nor tablet computer solely for purposes of identifying and informing you of\r\nthose contacts who have also registered to use the Site.
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You\r\ncan deactivate the connection between the Site and your Third-Party Account by\r\ncontacting us using the contact information below or through your account\r\nsettings (if applicable). We will attempt to delete any information stored on\r\nour servers that was obtained through such Third-Party Account, except the\r\nusername and profile picture that become associated with your account.
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SUBMISSIONS
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You\r\nacknowledge and agree that any questions, comments, suggestions, ideas,\r\nfeedback, or other information regarding the Site (\"Submissions\") provided by\r\nyou to us are non-confidential and shall become our sole property. We shall own\r\nexclusive rights, including all intellectual property rights, and shall be\r\nentitled to the unrestricted use and dissemination of these Submissions for any\r\nlawful purpose, commercial or otherwise, without acknowledgment or compensation\r\nto you.
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You\r\nhereby waive all moral rights to any such Submissions, and you hereby warrant\r\nthat any such Submissions are original with you or that you have the right to\r\nsubmit such Submissions. You agree there shall be no recourse against us for\r\nany alleged or actual infringement or misappropriation of any proprietary right\r\nin your Submissions.
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THIRD-PARTY\r\nWEBSITES AND CONTENT
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The\r\nSite may contain (or you may be sent via the Site) links to other websites\r\n(\"Third-Party Websites\") as well as articles, photographs, text, graphics,\r\npictures, designs, music, sound, video, information, applications, software,\r\nand other content or items belonging to or originating from third parties\r\n(\"Third-Party Content\").
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Such\r\nThird-Party Websites and Third-Party Content are not investigated, monitored,\r\nor checked for accuracy, appropriateness, or completeness by us, and we are not\r\nresponsible for any Third-Party Websites accessed through the Site or any\r\nThird-Party Content posted on, available through, or installed from the Site,\r\nincluding the content, accuracy, offensiveness, opinions, reliability, privacy\r\npractices, or other policies of or contained in the Third-Party Websites or the\r\nThird-Party Content.
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Inclusion\r\nof, linking to, or permitting the use or installation of any Third-Party\r\nWebsites or any Third-Party Content does not imply approval or endorsement\r\nthereof by us. If you decide to leave the Site and access the Third-Party\r\nWebsites or to use or install any Third-Party Content, you do so at your own\r\nrisk, and you should be aware these Terms and Conditions no longer govern.
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You\r\nshould review the applicable terms and policies, including privacy and data\r\ngathering practices, of any website to which you navigate from the Site or\r\nrelating to any applications you use or install from the Site. Any purchases\r\nyou make through Third-Party Websites will be through other websites and from\r\nother companies, and we take no responsibility whatsoever in relation to such\r\npurchases which are exclusively between you and the applicable third party.
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You\r\nagree and acknowledge that we do not endorse the products or services offered\r\non Third-Party Websites and you shall hold us harmless from any harm caused by\r\nyour purchase of such products or services. Additionally, you shall hold us\r\nharmless from any losses sustained by you or harm caused to you relating to or\r\nresulting in any way from any Third-Party Content or any contact with\r\nThird-Party Websites.
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ADVERTISERS
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We\r\nallow advertisers to display their advertisements and other information in\r\ncertain areas of the Site, such as sidebar advertisements or banner\r\nadvertisements. If you are an advertiser, you shall take full responsibility\r\nfor any advertisements you place on the Site and any services provided on the\r\nSite or products sold through those advertisements.
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Further,\r\nas an advertiser, you warrant and represent that you possess all rights and\r\nauthority to place advertisements on the Site, including, but not limited to,\r\nintellectual property rights, publicity rights, and contractual rights.
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[As\r\nan advertiser, you agree that such advertisements are subject to our Digital\r\nMillennium Copyright Act (\"DMCA\") Notice and Policy provisions as described\r\nbelow, and you understand and agree there will be no refund or other\r\ncompensation for DMCA takedown-related issues.] We simply provide the\r\nspace to place such advertisements, and we have no other relationship with\r\nadvertisers.
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SITE\r\nMANAGEMENT
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We\r\nreserve the right, but not the obligation, to:
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(1)\r\nmonitor the Site for violations of these Terms and Conditions;
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(2)\r\ntake appropriate legal action against anyone who, in our sole discretion,\r\nviolates the law or these Terms and Conditions, including without limitation,\r\nreporting such user to law enforcement authorities;
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(3)\r\nin our sole discretion and without limitation, refuse, restrict access to,\r\nlimit the availability of, or disable (to the extent technologically feasible)\r\nany of your Contributions or any portion thereof;
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(4)\r\nin our sole discretion and without limitation, notice, or liability, to\r\nremove from the Site or otherwise disable all files and content that are excessive\r\nin size or are in any way burdensome to our systems;
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(5)\r\notherwise manage the Site in a manner designed to protect our rights and\r\nproperty and to facilitate the proper functioning of the Site.
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PRIVACY\r\nPOLICY
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We\r\ncare about data privacy and security. Please review our Privacy\r\nPolicy posted on the Site. By using the Site, you agree to be bound by our\r\nPrivacy Policy, which is incorporated into these Terms and Conditions. Please\r\nbe advised the Site is hosted in the United States.
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If\r\nyou access the Site from the European Union, Asia, or any other region of the\r\nworld with laws or other requirements governing personal data collection, use,\r\nor disclosure that differ from applicable laws in the United States, then\r\nthrough your continued use of the Site, you are transferring your data to the\r\nUnited States, and you expressly consent to have your data transferred to and\r\nprocessed in the United States.
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[Further,\r\nwe do not knowingly accept, request, or solicit information from children or\r\nknowingly market to children. Therefore, in accordance with the U.S. Children's\r\nOnline Privacy Protection Act, if we receive actual knowledge that anyone under\r\nthe age of 13 has provided personal information to us without the requisite and\r\nverifiable parental consent, we will delete that information from the Site as\r\nquickly as is reasonably practical.]
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DIGITAL\r\nMILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
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Notifications
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We\r\nrespect the intellectual property rights of others. If you believe that any\r\nmaterial available on or through the Site infringes upon any copyright you own\r\nor control, please immediately notify our Designated Copyright Agent using the\r\ncontact information provided below (a \"Notification\").
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A\r\ncopy of your Notification will be sent to the person who posted or stored the\r\nmaterial addressed in the Notification. Please be advised that pursuant to\r\nfederal law you may be held liable for damages if you make material\r\nmisrepresentations in a Notification. Thus, if you are not sure that material\r\nlocated on or linked to by the Site infringes your copyright, you should\r\nconsider first contacting an attorney.
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All\r\nNotifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and\r\ninclude the following information:
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(1) A\r\nphysical or electronic signature of a person authorized to act on behalf of the\r\nowner of an exclusive right that is allegedly infringed;
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(2)\r\nidentification of the copyrighted work claimed to have been infringed, or, if\r\nmultiple copyrighted works on the Site are covered by the Notification, a\r\nrepresentative list of such works on the Site;
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(3)\r\nidentification of the material that is claimed to be infringing or to be the\r\nsubject of infringing activity and that is to be removed or access to which is\r\nto be disabled, and information reasonably sufficient to permit us to locate\r\nthe material;
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(4)\r\ninformation reasonably sufficient to permit us to contact the complaining\r\nparty, such as an address, telephone number, and, if available, an email\r\naddress at which the complaining party may be contacted;
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(5) a\r\nstatement that the complaining party has a good faith belief that use of the\r\nmaterial in the manner complained of is not authorized by the copyright owner,\r\nits agent, or the law;
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(6) a\r\nstatement that the information in the notification is accurate, and under\r\npenalty of perjury, that the complaining party is authorized to act on behalf\r\nof the owner of an exclusive right that is allegedly infringed upon.
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Counter\r\nNotification
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If\r\nyou believe your own copyrighted material has been removed from the Site as a\r\nresult of a mistake or misidentification, you may submit a written counter\r\nnotification to [us/our Designated Copyright Agent] using the contact\r\ninformation provided below (a \"Counter Notification\").
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To be\r\nan effective Counter Notification under the DMCA, your Counter Notification\r\nmust include substantially the following:
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(1)\r\nidentification of the material that has been removed or disabled and the\r\nlocation at which the material appeared before it was removed or disabled;
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(2) a\r\nstatement that you consent to the jurisdiction of the Federal District Court in\r\nwhich your address is located, or if your address is outside the United States,\r\nfor any judicial district in which we are located;
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(3) a\r\nstatement that you will accept service of process from the party that filed the\r\nNotification or the party's agent;
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(4)\r\nyour name, address, and telephone number;
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(5) a\r\nstatement under penalty of perjury that you have a good faith belief that the\r\nmaterial in question was removed or disabled as a result of a mistake or misidentification\r\nof the material to be removed or disabled;
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(6)\r\nyour physical or electronic signature.
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If\r\nyou send us a valid, written Counter Notification meeting the requirements\r\ndescribed above, we will restore your removed or disabled material, unless we\r\nfirst receive notice from the party filing the Notification informing us that\r\nsuch party has filed a court action to restrain you from engaging in infringing\r\nactivity related to the material in question.
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Please\r\nnote that if you materially misrepresent that the disabled or removed content\r\nwas removed by mistake or misidentification, you may be liable for damages,\r\nincluding costs and attorney's fees. Filing a false Counter Notification\r\nconstitutes perjury.
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Designated\r\nCopyright Agent
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Paul\r\nFrank & Collins p.c.
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One\r\nChurch Street
\r\nBurlington, VT 05401\r\n\r\n
Mailing Address:
\r\nP.O. Box 1307
\r\nBurlington, VT 05402-1307\r\n\r\n
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COPYRIGHT\r\nINFRINGEMENTS
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We\r\nrespect the intellectual property rights of others. If you believe that any\r\nmaterial available on or through the Site infringes upon any copyright you own\r\nor control, please immediately notify us using the contact information provided\r\nbelow (a \"Notification\"). A copy of your Notification will be sent to the\r\nperson who posted or stored the material addressed in the Notification.
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Please\r\nbe advised that pursuant to federal law you may be held liable for damages if\r\nyou make material misrepresentations in a Notification. Thus, if you are not\r\nsure that material located on or linked to by the Site infringes your\r\ncopyright, you should consider first contacting an attorney.]
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TERM\r\nAND TERMINATION
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These\r\nTerms and Conditions shall remain in full force and effect while you use the\r\nSite. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE\r\nRESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,\r\nDENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),\r\nTO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR\r\nBREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS\r\nAND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR\r\nUSE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY\r\nCONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR\r\nSOLE DISCRETION.
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If we\r\nterminate or suspend your account for any reason, you are prohibited from\r\nregistering and creating a new account under your name, a fake or borrowed\r\nname, or the name of any third party, even if you may be acting on behalf of\r\nthe third party.
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In\r\naddition to terminating or suspending your account, we reserve the right to\r\ntake appropriate legal action, including without limitation pursuing civil,\r\ncriminal, and injunctive redress.
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MODIFICATIONS\r\nAND INTERRUPTIONS
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We\r\nreserve the right to change, modify, or remove the contents of the Site at any\r\ntime or for any reason at our sole discretion without notice. However, we have\r\nno obligation to update any information on our Site. We also reserve the right\r\nto modify or discontinue all or part of the Site without notice at any time.
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We\r\nwill not be liable to you or any third party for any modification, price\r\nchange, suspension, or discontinuance of the Site.
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We\r\ncannot guarantee the Site will be available at all times. We may experience\r\nhardware, software, or other problems or need to perform maintenance related to\r\nthe Site, resulting in interruptions, delays, or errors.
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We\r\nreserve the right to change, revise, update, suspend, discontinue, or otherwise\r\nmodify the Site at any time or for any reason without notice to you. You agree\r\nthat we have no liability whatsoever for any loss, damage, or inconvenience\r\ncaused by your inability to access or use the Site during any downtime or\r\ndiscontinuance of the Site.
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Nothing\r\nin these Terms and Conditions will be construed to obligate us to maintain and\r\nsupport the Site or to supply any corrections, updates, or releases in\r\nconnection therewith.
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GOVERNING\r\nLAW
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These\r\nTerms and Conditions and your use of the Site are governed by and construed in\r\naccordance with the laws of the State of Vermont applicable to\r\nagreements made and to be entirely performed within the State of Vermont,\r\nwithout regard to its conflict of law principles.
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DISPUTE\r\nRESOLUTION
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Any\r\nlegal action of whatever nature brought by either you or us (collectively, the\r\n\"Parties\" and individually, a \"Party\") shall be commenced or prosecuted in the\r\nstate and federal courts located in Chittenden County, Vermont,\r\nand the Parties hereby consent to, and waive all defenses of lack of personal\r\njurisdiction and forum non conveniens with respect to\r\nvenue and jurisdiction in such state and federal courts.
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Application\r\nof the United Nations Convention on Contracts for the International Sale of\r\nGoods and the Uniform Computer Information Transaction Act (UCITA) are excluded\r\nfrom these Terms and Conditions. In no event shall any claim, action, or\r\nproceeding brought by either Party related in any way to the Site be commenced\r\nmore than 1 year after the cause of action arose.
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Informal\r\nNegotiations
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To\r\nexpedite resolution and control the cost of any dispute, controversy, or claim\r\nrelated to these Terms and Conditions (each a \"Dispute\" and collectively, the\r\n\"Disputes\") brought by either you or us (individually, a \"Party\" and\r\ncollectively, the \"Parties\"), the Parties agree to first attempt to negotiate\r\nany Dispute (except those Disputes expressly provided below) informally for at\r\nleast 30 days before initiating arbitration. Such informal\r\nnegotiations commence upon written notice from one Party to the other Party.
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Binding\r\nArbitration
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If\r\nthe Parties are unable to resolve a Dispute through informal negotiations, the\r\nDispute (except those Disputes expressly excluded below) will be finally and\r\nexclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS\r\nPROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
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The\r\narbitration shall be commenced and conducted under the Commercial Arbitration\r\nRules of the American Arbitration Association (\"AAA\") and, where appropriate,\r\nthe AAA's Supplementary Procedures for Consumer Related Disputes (\"AAA Consumer\r\nRules\"), both of which are available at the AAA website www.adr.org.
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Your\r\narbitration fees and your share of arbitrator compensation shall be governed by\r\nthe AAA Consumer Rules and, where appropriate, limited by the AAA Consumer\r\nRules. [If such costs are determined by the arbitrator to be excessive, we\r\nwill pay all arbitration fees and expenses.]
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The\r\narbitration may be conducted in person, through the submission of documents, by\r\nphone, or online. The arbitrator will make a decision in writing,\r\nbut need not provide a statement of reasons unless requested by either\r\nParty.
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The\r\narbitrator must follow applicable law, and any award may be challenged if the\r\narbitrator fails to do so. Except where otherwise required by the applicable\r\nAAA rules or applicable law, the arbitration will take place in [Chittenden] County, [VT].
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Except\r\nas otherwise provided herein, the Parties may litigate in court to compel arbitration,\r\nstay proceedings pending arbitration, or to confirm, modify, vacate, or enter\r\njudgment on the award entered by the arbitrator.
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If\r\nfor any reason, a Dispute proceeds in court rather than arbitration, the\r\nDispute shall be commenced or prosecuted in the state and federal courts\r\nlocated in [name of county] County, [name of state], and the\r\nParties hereby consent to, and waive all defenses of lack of personal\r\njurisdiction, and forum non conveniens with respect\r\nto venue and jurisdiction in such state and federal courts.
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Application\r\nof the United Nations Convention on Contracts for the International Sale of\r\nGoods and the the Uniform Computer Information\r\nTransaction Act (UCITA) are excluded from these Terms and Conditions.
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In no\r\nevent shall any Dispute brought by either Party related in any way to the Site\r\nbe commenced more than 1 year after the cause of action arose. If\r\nthis provision is found to be illegal or unenforceable, then neither Party will\r\nelect to arbitrate any Dispute falling within that portion of this provision\r\nfound to be illegal or unenforceable and such Dispute shall be decided by a\r\ncourt of competent jurisdiction within the courts listed for jurisdiction\r\nabove, and the Parties agree to submit to the personal jurisdiction of that\r\ncourt.
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Binding\r\nArbitration
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To\r\nexpedite resolution and control the cost of any dispute, controversy or claim\r\nrelated to these Terms and Conditions (each a \"Dispute\" and collectively,\r\n\"Disputes\"), any Dispute brought by either you or us (individually, a \"Party\"\r\nand collectively, the \"Parties\") shall be finally and exclusively resolved by\r\nbinding arbitration.
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YOU\r\nUNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN\r\nCOURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted\r\nunder the Commercial Arbitration Rules of the American Arbitration Association\r\n(\"AAA\") and, where appropriate, the AAA's Supplementary Procedures for Consumer\r\nRelated Disputes (\"AAA Consumer Rules\"), both of which are available at the AAA\r\nwebsite www.adr.org.
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Your\r\narbitration fees and your share of arbitrator compensation shall be governed by\r\nthe AAA Consumer Rules and, where appropriate, limited by the AAA Consumer\r\nRules. [If such costs are determined to by the arbitrator to be excessive,\r\nwe will pay all arbitration fees and expenses.]
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The\r\narbitration may be conducted in person, through the submission of documents, by\r\nphone, or online. The arbitrator will make a decision in writing,\r\nbut need not provide a statement of reasons unless requested by either\r\nParty. The arbitrator must follow applicable law, and any award may be\r\nchallenged if the arbitrator fails to do so.
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Except\r\nwhere otherwise required by the applicable AAA rules or applicable law, the\r\narbitration will take place in Chittenden County, Vermont.\r\nExcept as otherwise provided herein, the Parties may litigate in court to\r\ncompel arbitration, stay proceedings pending arbitration, or to confirm,\r\nmodify, vacate, or enter judgment on the award entered by the arbitrator.
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If\r\nfor any reason, a Dispute proceeds in court rather than arbitration, the\r\nDispute shall be commenced or prosecuted in the state and federal courts\r\nlocated in Chittenden County, Vermont, and the Parties hereby\r\nconsent to, and waive all defenses of lack of, personal jurisdiction, and forum\r\nnon conveniens with respect to venue and jurisdiction\r\nin such state and federal courts.
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Application\r\nof the United Nations Convention on Contracts for the International Sale of\r\nGoods and the Uniform Computer Information Transaction Act (UCITA) are excluded\r\nfrom these Terms and Conditions. In no event shall any Dispute brought by\r\neither Party related in any way to the Site or Services be commenced more\r\nthan 1 year after the cause of action arose.
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If\r\nthis provision is found to be illegal or unenforceable, then neither Party will\r\nelect to arbitrate any Dispute falling within that portion of this provision\r\nfound to be illegal or unenforceable and such Dispute shall be decided by a\r\ncourt of competent jurisdiction within the courts listed for jurisdiction\r\nabove, and the Parties agree to submit to the personal jurisdiction of that\r\ncourt.
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Restrictions
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The\r\nParties agree that any arbitration shall be limited to the Dispute between the\r\nParties individually. To the full extent permitted by law, (a) no arbitration\r\nshall be joined with any other proceeding; (b) there is no right or authority\r\nfor any Dispute to be arbitrated on a class-action basis or to utilize class\r\naction procedures; and (c) there is no right or authority for any Dispute to be\r\nbrought in a purported representative capacity on behalf of the general public\r\nor any other persons.
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Exceptions\r\nto Informal Negotiations and Arbitration
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The\r\nParties agree that the following Disputes are not subject to the above\r\nprovisions concerning [informal negotiations and] binding\r\narbitration: (a) any Disputes seeking to enforce or protect, or concerning the\r\nvalidity of, any of the intellectual property rights of a Party; (b) any\r\nDispute related to, or arising from, allegations of theft, piracy, invasion of\r\nprivacy, or unauthorized use; and (c) any claim for injunctive relief.
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If\r\nthis provision is found to be illegal or unenforceable, then neither Party will\r\nelect to arbitrate any Dispute falling within that portion of this provision\r\nfound to be illegal or unenforceable and such Dispute shall be decided by a\r\ncourt of competent jurisdiction within the courts listed for jurisdiction\r\nabove, and the Parties agree to submit to the personal jurisdiction of that\r\ncourt.
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CORRECTIONS
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There\r\nmay be information on the Site that contains typographical errors,\r\ninaccuracies, or omissions that may relate to the Site, including descriptions,\r\npricing, availability, and various other information. We reserve the right to\r\ncorrect any errors, inaccuracies, or omissions and to change or update the\r\ninformation on the Site at any time, without prior notice.
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DISCLAIMER
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THE\r\nSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF\r\nTHE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT\r\nPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION\r\nWITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED\r\nWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.\r\nWE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF\r\nTHE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE\r\nWILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR\r\nINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,\r\nOF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,\r\n(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL\r\nPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY\r\nINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,\r\nVIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE\r\nSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND\r\nMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE\r\nOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.\r\nWE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT\r\nOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY\r\nHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY\r\nBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE\r\nRESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY\r\nPROVIDERS OF PRODUCTS OR SERVICES.
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AS\r\nWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY\r\nENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE\r\nAPPROPRIATE.
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LIMITATIONS\r\nOF LIABILITY
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IN NO\r\nEVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY\r\nTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,\r\nSPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF\r\nDATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN\r\nADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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[NOTWITHSTANDING\r\nANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE\r\nWHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE\r\nLIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE\r\nMONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] $100. CERTAIN STATE LAWS\r\nDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION\r\nOF CERTAIN DAMAGES.
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IF\r\nTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS\r\nMAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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INDEMNIFICATION
\r\n\r\n
You\r\nagree to defend, indemnify, and hold us harmless, including our subsidiaries,\r\naffiliates, and all of our respective officers, agents, partners, and\r\nemployees, from and against any loss, damage, liability, claim, or demand,\r\nincluding reasonable attorneys' fees and expenses, made by any third party due\r\nto or arising out of: (1) [your Contributions]; (2) use of the Site; (3)\r\nbreach of these Terms and Conditions; (4) any breach of your representations\r\nand warranties set forth in these Terms and Conditions; (5) your violation of\r\nthe rights of a third party, including but not limited to intellectual property\r\nrights; or (6) any overt harmful act toward any other user of the Site with\r\nwhom you connected via the Site.
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Notwithstanding\r\nthe foregoing, we reserve the right, at your expense, to assume the exclusive\r\ndefense and control of any matter for which you are required to indemnify us,\r\nand you agree to cooperate, at your expense, with our defense of such claims.\r\nWe will use reasonable efforts to notify you of any such claim, action, or\r\nproceeding which is subject to this indemnification upon becoming aware of it.
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USER\r\nDATA
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We\r\nwill maintain certain data that you transmit to the Site for the purpose of\r\nmanaging the Site, as well as data relating to your use of the Site. Although\r\nwe perform regular routine backups of data, you are solely responsible for all\r\ndata that you transmit or that relates to any activity you have undertaken\r\nusing the Site.
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You\r\nagree that we shall have no liability to you for any loss or corruption of any\r\nsuch data, and you hereby waive any right of action against us arising from any\r\nsuch loss or corruption of such data.
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ELECTRONIC\r\nCOMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
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Visiting\r\nthe Site, sending us emails, and completing online forms constitute electronic\r\ncommunications. You consent to receive electronic communications, and you agree\r\nthat all agreements, notices, disclosures, and other communications we provide\r\nto you electronically, via email and on the Site, satisfy any legal requirement\r\nthat such communication be in writing.
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YOU\r\nHEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER\r\nRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF\r\nTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
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You\r\nhereby waive any rights or requirements under any statutes, regulations, rules,\r\nordinances, or other laws in any jurisdiction which require an original\r\nsignature or delivery or retention of non-electronic records, or to payments or\r\nthe granting of credits by any means other than electronic means.
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CALIFORNIA\r\nUSERS AND RESIDENTS
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If\r\nany complaint with us is not satisfactorily resolved, you can contact the\r\nComplaint Assistance Unit of the Division of Consumer Services of the\r\nCalifornia Department of Consumer Affairs in writing at 1625 North Market\r\nBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)\r\n952-5210 or (916) 445-1254.
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MISCELLANEOUS
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These\r\nTerms and Conditions and any policies or operating rules posted by us on the\r\nSite constitute the entire agreement and understanding between you and us. Our\r\nfailure to exercise or enforce any right or provision of these Terms and\r\nConditions shall not operate as a waiver of such right or provision.
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These\r\nTerms and Conditions operate to the fullest extent permissible by law. We may\r\nassign any or all of our rights and obligations to others at any time. We shall\r\nnot be responsible or liable for any loss, damage, delay, or failure to act\r\ncaused by any cause beyond our reasonable control.
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If\r\nany provision or part of a provision of these Terms and Conditions is\r\ndetermined to be unlawful, void, or unenforceable, that provision or part of\r\nthe provision is deemed severable from these Terms and Conditions and does not\r\naffect the validity and enforceability of any remaining provisions.
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There\r\nis no joint venture, partnership, employment or agency relationship created\r\nbetween you and us as a result of these Terms and Conditions or use of the\r\nSite. You agree that these Terms and Conditions will not be construed against\r\nus by virtue of having drafted them.
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You\r\nhereby waive any and all defenses you may have based on the electronic form of\r\nthese Terms and Conditions and the lack of signing by the parties hereto to\r\nexecute these Terms and Conditions.
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CONTACT\r\nUS
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In\r\norder to resolve a complaint regarding the Site or to receive further\r\ninformation regarding use of the Site, please contact us at:
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CSL\r\nSoftware Solutions, Inc.
\r\n\r\n
35\r\nKing Street, Suite 10
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Burlington
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,VT 05401
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Email:\r\ninfo@dinesafevt.co
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\r\n ![](\"../assets/DineSafeSquare.png\"/)