22) GENERAL PROVISIONS:
- a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Illinois shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: DOSL, LLC, Illinois. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: DOSL, LLC. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Illinois. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: firstname.lastname@example.org.
You agree to subscribe to newsletters, marketing or promotional materials and other information we may send. Even so, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send by creating an account with us.
25) Availability, Errors and Inaccuracies
We constantly update product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. Information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We cannot guarantee the accuracy or completeness of any information found on the Service. So, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
26) Contests, Sweepstakes and Promotions
Parts of the Service may be billed on a subscription basis (“Subscription(s)”). If you enter into a Subscription arrangement, we will bill you in advance on a recurring and periodic basis (”Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or DOSL, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting DOSL, LLC customer support team. A valid payment method, including credit card, must process the payment for your Subscription. You will provide DOSL, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting this payment information, you automatically authorize DOSL, LLC to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, DOSL, LLC will issue an electronic invoice requiring you to pay the full payment corresponding to the billing period as shown on the invoice.
28) Free Trial
DOSL, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited time period (“Free Trial”). You may need to enter your billing information in order to sign up for the Free Trial. If you enter your billing information when signing up for a Free Trial, DOSL, LLC will not charge you until the Free Trial has expired. On the last day of the Free Trial period you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected, unless you terminate your account. At any time and without notice, DOSL, LLC may (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.
29) Fee Changes
DOSL, LLC may modify the Subscription fees for the Subscriptions at any time, in its sole discretion. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. DOSL, LLC will provide you with a reasonable notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before that change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Unless required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant: (i) the Content is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain all of your rights to Content you submit, post, or display on or through the Service. You are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. That said, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
DOSL, LLC has the right but not the obligation to monitor and edit all Content provided by users.
Content found on or through this Service is the property of DOSL, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18 and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may cause the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer, account, or both. You accept responsibility for all activities or actions under your account or password, whether your password is with our Service or a third-party service. You must notify us immediately upon learning of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
33) Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim by email to email@example.com, with the subject line: “Copyright Infringement. Include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held accountable for damages, including costs and attorneys’ fees, for misrepresentation or bad-faith claims on the infringement of any Content found on or through the Service on your copyright.
34) DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent by email at firstname.lastname@example.org.
35) Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of DOSL, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DOSL, LLC.
36) Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by DOSL, LLC. DOSL, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that DOSL, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason at all and without limitation, including, but not limited to, a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify, and hold harmless DOSL, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, attorney’s fees, resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms; or (iii) Content posted on the Service.
39) Limitation of Liability
In no event will DOSL, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether we have know of the possibility of the damage, and even if a remedy set forth here is found to have failed of its essential purpose.
You use the Service at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. DOSL, LLC its subsidiaries, affiliates, and its licensors do not warrant: (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
42) Governing Law
These Terms will be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we, in our sole discretion, determine a revision is material, we will provide at 30 days’ notice before any new terms take effect. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
44) Contact Us
If you have any questions about these Terms, please contact us at email@example.com.