DigiCenter Terms Of Service
TERMS OF SERVICE
Last Updated: September 2019
By using the Site, you agree to be bound by these Terms and all disclaimers and terms and conditions that appear on the Site now or in the future. These Terms may be updated by us at any time. Your continued use of the Site after any such modifications constitutes your acceptance of the modified terms and conditions. If you do not agree to receive these legal notices and to abide by these Terms for any reason you agree that your sole and exclusive remedy is to discontinue using the Site.
THESE TERMS AFFECT YOUR RIGHTS TO PURSUE CLAIMS IN COURT AND BRING A CLASS-ACTION SUIT. YOU SHOULD READ THE FULL TERMS OF THIS AGREEMENT INCLUDING SECTION 10 RELATED TO WAIVER OF CLASS ACTION LAWSUIS AND SECTION 11 RELATED TO BINDING ARBITRATION.
Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern.
Your compliance with these terms and all Other Agreements is a condition to your right to access the Site.
Your breach of any provision of these Terms or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of DigiCenter or others and is protected by United States and international copyright and other laws.
All trademarks and logos displayed on the Site are the property of their respective owners, who may or may not be affiliated with DigiCenter. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the Site without the written permission of DigiCenter or such other third party that may own the content or trademark displayed on the Site. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. Please be advised that DigiCenter may enforce its intellectual property rights to the fullest extent by law.
3. Restrictions on Use
The information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of DigiCenter. Our prior permission is required for (i) any commercial use of materials on this site; (ii) making more than minimal copies of site materials; and (iii) copying large portions of our site, such as by bots, robots or spiders that “harvest” the site. If you seek permission for such use of our site, please contact us at email@example.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
4. Notification to DigiCenter
If you believe that anything posted on the Site infringes any intellectual property right that you own or control, please provide DigiCenter with the following written information:
1. Name, address, telephone number, email address and physical or electronic signature of the rights holder, or someone authorized to act on the rights holder’s behalf;
2. A description of the intellectual property that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site, with enough detail that DigiCenter may find it;
4. A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf.
DigiCenter’s agent for notice of claims of intellectual property right infringement on the Site can be reached by email at firstname.lastname@example.org.
5. Modifications to Content
We may, at our discretion, modify or discontinue any of the content of this site, or any portion thereof, with or without notice.
6. Links to Other Websites
The Site may contain links to, or may be linked from, other sites that are not maintained by us and to which we have not provided permission. We do not endorse, have any responsibility for, or make any representations about, any other sites, including their products and services, content, communications and website use policies. DigiCenter has neither reviewed the contents of these thirdparty websites nor does DigiCenter claim any responsibility for the content or suitability of these thirdparty websites and DigiCenter makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third party websites is entirely at your own risk. We expressly disclaim any responsibility for your access to or use of such other sites. By accessing these links you acknowledge that such other sites or locations are not under the control of DigiCenter and you agree that DigiCenter shall not be responsible for any information or additional links found at such site or location, or for your use of such information.
SITE, ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGICENTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
8. Limitation of Liability
BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT DIGICENTER SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/ORLOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DIGICENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIGICENTER BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION EVEN IF DIGICENTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER DIGICENTER NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.
DIGICENTER RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
9. Governing Law
You agree that your use of this site and any disputes relating to any of them shall be governed in all respects by the laws of the State of Massachusetts, without giving effect to its conflict of laws principles. The failure of DigiCenter to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit DigiCenter’s rights with respect to such breach or any subsequent breaches.
10. Class Action Waiver
YOU AGREE THAT IF ANY DISPUTE SHOULD ARISE BETWEEN YOU AND DIGICENTER, YOU WILL BRING YOUR CLAIM ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PURSUE ANY CLAIM IN A CLASS ACTION.
11. Arbitration Agreement
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
13. Complete Agreement
These Terms and our Website Privacy Notice constitute the entire agreement between you and DigiCenter relating to the public facing elements of the Site and your use of these portions of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to these portions. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. These Terms are not intended to modify or amend Other Agreements you may have with DigiCenter regarding other matters.
14. International Use
The Site is operated and controlled by us in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on this site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this site, then you should not do so.
Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. You agree to comply with all local laws, rules and regulations including, without limitation, all laws, rules and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject DigiCenter or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any matter made on this Site is void where prohibited.
Notwithstanding anything in these Terms or on the Site, DigiCenter reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by DigiCenter.
16. Contact Information
Thank you for visiting our Site. Please contact us at email@example.com if you have any questions about our Site or these Terms. Electronic mail or other communications through this Site to DigiCenter (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.