TERMS OF SERVICE
AGREEMENT
PLEASE READ THE
FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES
AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER,
CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 10/06/2016.
ACCEPTANCE OF TERMS
The following Terms of Service
Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or
interface with DME Forensics Inc., also known as DME Forensics Inc., located at
9105B Owens Drive Suite 202, Manassas Park, Virginia 20111 and our subsidiaries
and affiliates, in association with the use of the DME Forensics Inc. website,
which includes http://dmeforensics.com, (the "Site") and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES
OFFERED
The Site is a support website which has the following description:
Information and support regarding
DME Forensics products and services.
Any and all visitors to our site,
despite whether they are registered or not, shall
be deemed as "users" of the herein contained Services provided for
the purpose of this TOS. Once an
individual register's for our Services, through the process of creating an
account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the
Services provided and made available through our website and applications,
which may include some mobile applications and that those applications may be
made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of DME Forensics Inc.. At its discretion, DME Forensics Inc.
may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any
and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. DME Forensics Inc. does hereby
reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that DME
Forensics Inc. shall not be held liable for any such updates, modifications,
revisions, suspensions or discontinuance of any of our Services and/or
products. Your continued use of the Services provided, after such posting of
any updates, changes, and/or modifications shall constitute your acceptance of
such updates, changes and/or modifications, and as such, frequent review of
this Agreement and any and all applicable terms and policies should be made by
you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, revised or modified terms, you must stop
using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees
that the Services offered shall be provided "AS IS" and as such DME
Forensics Inc. shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.
REGISTRATION
To register and become a
"member" of the Site, you must be at least 18 years of age to enter
into and form a legally binding contract. In addition, you must be in good
standing and not an individual that has been previously barred from receiving
DME Forensics Inc.'s Services under the laws and statutes of the United States
or other applicable jurisdiction.
When you register, DME Forensics
Inc. may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with DME Forensics Inc. and sign in
to our Services, you are no longer anonymous to us.
Furthermore, the registering party
hereby acknowledges, understands and agrees to:
a) furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain
and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any
information of a false, untrue, inaccurate or incomplete nature, DME Forensics
Inc. will have sufficient grounds and rights to suspend or terminate the member
in violation of this aspect of the Agreement, and as such refuse any and all
current or future use of DME Forensics Inc. Services, or any portion thereof.
It is DME Forensics Inc.'s priority
to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents
of any child under the age of 13 that permit their child or children access to
the DME Forensics Inc. website platform Services must create a
"family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME,
PASSWORD AND SECURITY
When you set up an account, you are
the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all
activities that transpire on or within your account. It is your responsibility
for any act or omission of any user(s) that access your account information
that, if undertaken by you, would be deemed a violation of the TOS. It shall be
your responsibility to notify DME Forensics Inc. immediately if you notice any
unauthorized access or use of your account or password or any other breach of
security. DME Forensics Inc. shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of
the TOS.
CONDUCT
As a user or member of the Site,
you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the expressed
sole responsibility of the individual from whom the content originated. In
short, this means that you are solely responsible for any and all content
posted, uploaded, emailed, transmitted or otherwise made available by way of
the DME Forensics Inc. Services, and as such, we do not guarantee the accuracy,
integrity or quality of such content. It is expressly understood that by use of
our Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by DME Forensics Inc..
Furthermore, you herein agree not
to make use of DME Forensics Inc.'s Services for the purpose of:
a) uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing
harm to minors in any manner whatsoever;
c) impersonating
any individual or entity, including, but not limited to, any DME Forensics Inc.
officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d) forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e) uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail,"
"spam," or any other form of solicitation, except in any such areas
that may have been designated for such purpose;
h) uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i) disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time
interactions;
j) interfering
with or disrupting any DME Forensics Inc. Services, servers and/or networks
that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion
headers;
k) intentionally
or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l) providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to
Section 219 of the Immigration Nationality Act;
m) "stalking"
or with the intent to otherwise harass another individual; and/or
n) collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
DME Forensics Inc. herein reserves
the right to pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove and/or delete
any such content that would violate the TOS or
which would otherwise be considered offensive to other visitors, users and/or
members.
DME Forensics Inc. herein reserves
the right to access, preserve and/or disclose member account information and/or
content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for:
a) compliance
with any legal process;
b) enforcement
of the TOS;
c) responding
to any claim that therein contained content is in violation of the rights of
any third party;
d) responding
to requests for customer service; or
e) protecting
the rights, property or the personal safety of DME Forensics Inc., its
visitors, users and members, including the general public.
DME Forensics Inc. herein reserves
the right to include the use of security components that may permit digital
information or material to be protected, and that such use of information
and/or material is subject to usage guidelines and regulations established by
DME Forensics Inc. or any other content providers supplying content services to
DME Forensics Inc.. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND
EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the
internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other
technical data may be subject to the export and import laws of the United
States and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United
States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of
an export-prohibited country identified in applicable export and import laws
and regulations;
b) agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE
FOR COMPANY SERVICES
DME Forensics Inc. shall not lay
claim to ownership of any content submitted by any visitor, member, or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby grant
and allow for DME Forensics Inc. the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The
content submitted or made available for inclusion on the publicly accessible
areas of DME Forensics Inc.'s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of DME Forensics Inc.'s sites, and shall terminate at such time when you
elect to discontinue your membership.
b) Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of DME Forensics Inc.'s sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services are for the sole purpose
of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of DME Forensics Inc.'s sites and shall terminate at such time
when you elect to discontinue your membership.
c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of DME Forensics Inc.'s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed
"publicly accessible" areas of DME Forensics Inc.'s sites are those
such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are
openly available to bothusers and members.
CONTRIBUTIONS TO COMPANY WEBSITE
DME Forensics Inc. provides an area
for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your
contributions do not contain any type of confidential or proprietary
information;
b) DME
Forensics Inc. shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) DME
Forensics Inc. shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the
contributor's Contributions shall automatically become the sole property of DME
Forensics Inc.; and
e) DME
Forensics Inc. is under no obligation to either compensate or provide any form
of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein
agree to insure and hold DME Forensics Inc., our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a member
or user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the
use of DME Forensics Inc.
Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate,
duplicate, copy, trade, sell, resell nor exploit for any commercial reason any
part, use of, or access to DME Forensics Inc.'s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that DME
Forensics Inc. may set up any such practices and/or limits regarding the use of
our Services, without limitation of the maximum number of days that any email,
message posting or any other uploaded content shall be retained by DME
Forensics Inc., nor the maximum number of email messages that may be sent
and/or received by any member, the maximum volume or size of any email message
that may be sent from or may be received by an account on our Service, the
maximum disk space allowable that shall be allocated on DME Forensics Inc.'s
servers on the member's behalf, and/or the maximum number of times and/or
duration that any member may access our Services in a given period of
time. In addition, you also
agree that DME Forensics Inc. has absolutely no responsibility or liability for
the removal or failure to maintain storage of any messages and/or other
communications or content maintained or transmitted by our Services. You also
herein acknowledge that we reserve the right to delete or remove any account
that is no longer active for an extended period of time. Furthermore, DME
Forensics Inc. shall reserve the right to modify, alter and/or update these
general practices and limits at our discretion.
MODIFICATIONS
DME Forensics Inc. shall reserve
the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
TERMINATION
As a member of
http://dmeforensics.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or
termination request to contact@dmeforensics.com.
As a member, you agree that DME
Forensics Inc. may, without any prior written notice, immediately suspend,
terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by
way of requests from law enforcement or any other governmental agencies;
c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected
technical or security issues and/or problems;
e) any
extended periods of inactivity;
f) any
engagement by you in any fraudulent or illegal activities; and/or
g) the
nonpayment of any associated fees that may be owed by you in connection with
your http://dmeforensics.com account Services.
Furthermore, you herein agree that
any and all terminations, suspensions, discontinuances, and or limitations of
access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your
account, associated email address and/or access to any of our Services.
The termination of your account
with http://dmeforensics.com shall include any and/or all of the following:
a) the
removal of any access to all or part of the Services offered within
http://dmeforensics.com;
b) the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and
c) the
barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business
dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition,
warranty and/or representation associated with such dealings, are and shall be
solely between you and any such advertiser. Moreover, you herein agree that DME
Forensics Inc. shall not be held responsible or liable for any loss or damage
of any nature or manner incurred as a direct result of any such dealings or as
a result of the presence of such advertisers on our website.
LINKS
Either DME Forensics Inc. or any
third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that DME Forensics Inc. shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree
that DME Forensics Inc.'s Services and any essential software that may be used
in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by DME Forensics Inc. or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on DME Forensics Inc. Services (e.g. Content
or Software), in whole or part.
DME Forensics Inc. herein has
granted you personal, non-transferable and non-exclusive rights and/or license
to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of
the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by DME Forensics Inc. for use in accessing our
Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE
AND AGREE THAT:
a) THE
USE OF DME FORENSICS INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR
"AS AVAILABLE" BASIS. DME FORENSICS INC. AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) DME
FORENSICS INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DME FORENSICS INC. SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DME FORENSICS INC. SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE DME FORENSICS INC. SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED
BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)
THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF DME FORENSICS
INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM DME FORENSICS INC. OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR
SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE,
UNDERSTAND AND AGREE THAT DME FORENSICS INC. AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute,
you agree to release DME Forensics Inc. (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL ADMONITION RELATED TO
FINANCIAL MATTERS
Should you intend to create or to
join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular type of
information, the phrase "Let the investor beware" is appropriate. DME
Forensics Inc.'s content is provided primarily for informational purposes, and
no content that shall be provided or included in our Services is intended for
trading or investing purposes. DME Forensics Inc. and our licensors shall not
be responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall
not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand
and agree, unless otherwise expressly provided in this TOS, that there shall be
no third-party beneficiaries to this agreement.
NOTICE
DME Forensics Inc. may furnish you
with notices, including those with regards to any changes to the TOS, including
but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which
may be herein after developed. Any such notices may not be received if you
violate any aspects of the TOS by accessing our Services in an unauthorized
manner. Your acceptance of this TOS constitutes your agreement that you are
deemed to have received any and all notices that would have been delivered had
you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand
and agree that all of the DME Forensics Inc. trademarks, copyright, trade name,
service marks, and other DME Forensics Inc. logos and any brand features,
and/or product and service names are trademarks and as such, are and shall
remain the property of DME Forensics Inc.. You herein agree not to display
and/or use in any manner the DME Forensics Inc. logo or marks without obtaining
DME Forensics Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
DME Forensics Inc. will always
respect the intellectual property of others, and we ask that all of our users
do the same. With regards to appropriate circumstances and at its sole
discretion, DME Forensics Inc. may disable and/or terminate the accounts of any
user who violates our TOS and/or infringes the rights of others. If you feel
that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b) A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c) A
description of the location of the site which you allege has been infringing
upon your work;
d) Your
physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f) And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner's behalf.
The DME Forensics Inc. Agent for
notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
Mailing Address:
DME Forensics Inc.
Attn: Copyright Agent
9105B Owens Drive Suite 202
Manassas Park, Virginia 20111
Telephone: 800-413-0363
CLOSED CAPTIONING
BE IT KNOWN, that DME Forensics
Inc. complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at http://dmeforensics.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire
agreement between you and DME Forensics Inc. and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with
respect to DME Forensics Inc. Services. You may also be subject to additional
terms and conditions that may apply when you use or purchase certain other DME
Forensics Inc. Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of
both you and DME Forensics Inc. with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Virginia
without regard to its conflict of law provisions and that any and all claims, causes
of action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and DME Forensics Inc., shall be filed within the
courts having jurisdiction within the County of Prince William County, Virginia
or the U.S. District Court located in said state. You and DME Forensics Inc.
agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF
TERMS
At any time, should DME Forensics
Inc. fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand and
agree that your account is non-transferable and any rights to your ID and/or
contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and
agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be
filed within 3 year(s) after said claim or cause of
action arose or shall be forever barred.
VIOLATIONS
Please report any and all
violations of this TOS to DME Forensics Inc. as follows:
Mailing Address:
DME Forensics Inc.
9105B Owens Drive Suite 202
Manassas Park, Virginia 20111
Email: contact@dmeforensics.com