DCI Group, LLC (“DCI,” ”we” or “us“) provides this website (the “Site”) to you, and allows your use of and access to all content and services offered there (collectively, the “Services”) conditioned on your acceptance of the terms, conditions, and notices contained in these Terms and Conditions of Use. Please read these Terms and Conditions of Use carefully before using the Site or the Services. By accessing or using the Site or the Services, you agree to be bound to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use or if you are dissatisfied with any of the Site’s content, do not access or use the Site or the Services.
CHANGES TO THESE TERMS AND CONDITIONS
DCI reserves the right to change these Terms and Conditions of Use from time to time, with or without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these Terms and Conditions of Use. By using the Site or the Services following any changes to these Terms and Conditions of Use, you agree to be bound by them.
When, if permitted or available through any feature or service on the Site or the Services, you (a) upload content to the Site or the Services or download content from the Site or the Services via a mobile device, (b) receive and reply to messages from or on the Site or the Services, or access or make posts using text messaging, (c) browse the Site or the Services from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier, or otherwise have access to a mobile communications network through which DCI makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
YOUR USE OF THE SITE AND THE SERVICES
The Site and the Services are for your personal and noncommercial use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or the Services or any content, information, software, products or services obtained from either, without the prior written permission of DCI.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site or the Services, and print single hard copy portions of the material from the Site or the Services solely for your own noncommercial and lawful use. If you make other use of the Site or the Services, except as otherwise provided above, you may violate copyright and other laws of individual states, the United States or other countries, and you may be subject to liability for any such unauthorized use.
In connection with your use of the Site or the Services, you may not: (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; (b) send chain letters or pyramid schemes through or using the Site; (c) decompile, disassemble or reverse engineer the Site or any portion of it, or (d) attempt to gain unauthorized access to the Site, the Services, any portion of either, or any other computer systems or social media or mobile platforms through the Site or the Services. You agree that you will not use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services.
Also, you agree that you will not do any of the following in connection with your use of the Site or the Services:
- use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Services or that could damage, disable, overburden or impair the functioning of the Site or the Services;
- impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site or the Services;
- use the Site or the Services or create an account or post any content if you are not over 13 years of age years of age; or
- circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site or the Services, any users of the Site or the Services (including you), or third parties.
THIRD PARTY SERVICES, LINKS AND CONTENT
From time to time, (a) we may provide you with links through the Site or the Services to other websites or services that we do not own or control (including, without limitation, for the processing of donations) (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, or other content or items belonging to or originating from third parties (“Third Party Content”), and (b) your use of the Services may also include the use of applications that are developed or owned by a third party. Your use of any such Third Party Sites and Third Party Content is governed by that third party’s own terms of service and privacy policies. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by DCI, and DCI is not responsible for any Third Party Sites accessed through the Site, Services or otherwise, or for any Third Party Content posted on, available through or installed from the Site, Services or otherwise. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply any approval or endorsement of either by DCI. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that, unless otherwise indicated, these Terms and Conditions of Use no longer govern. We encourage you to review the applicable terms of service and policies, including privacy and data gathering policies and practices, of any such Third Party Site and any Third Party Content.
DCI’S RIGHTS IN THE SITE AND THE SERVICES
We put a lot of effort into creating the Site and the Services, including the DCI logo and all designs, text, graphics, pictures, information and other content. Although we grant you the right to use any of the foregoing during your use of the Site or the Services, DCI or its licensors own all right, title and interest in and to the Site and the Services, all the text, content, graphics, interfaces, code and materials in connection with each, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property rights and other proprietary rights in the Site and the Services. Your use of the Site and/or the Services does not grant to you ownership of any of the foregoing. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of DCI. The collective work may include works that are licensed to DCI. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, DCI. DCI does not grant any license or other authorization to use the Marks.
DCI does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, product or service enhancements, processes, materials, marketing plans or new product or services names. Do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Unsolicited Submissions”) in any form to DCI, whether through the Site, the Services or otherwise. If, despite our request, you send DCI any Unsolicited Submissions, then regardless of what your communication might indicate, the following terms will apply to your Unsolicited Submissions: you agree that: (a) your submissions and their contents will automatically become the property of DCI upon receipt, without any compensation or attribution to you; (b) DCI may use or redistribute your submissions and their contents for any purpose and in any way; (c) DCI has no obligation to review your submissions; and (d) DCI has no obligation to keep any submissions confidential.
SERVICE AND FEATURE AVAILABILITY
Availability of the services and features described on the Site or otherwise in connection with the Services are subject to change without notice. The listing, description of or reference to a particular service or feature on the Site or within the Services does not (a) imply that the service or feature is presently available, (b) constitute an offer to provide that service or feature, and (c) mean that the service or feature is available in all locations.
CHANGES TO, OR TERMINATION OF, THE SITE OR THE SERVICES
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Site or the Services, including, but not limited to, content, services, features or hours of availability. We may also impose limits on certain features of the Site or the Services or restrict your access to part or all of the Site or the Services without notice or penalty. Further, if you breach any of these Terms and Conditions of Use, we have the right to suspend, disable or otherwise terminate your access to and use of the Site and/or the Services.
THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS IN OR ON EITHER, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DCI PROVIDES THEM TO YOU “AS-IS” AND AS AVAILABLE AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DCI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICES, OR THE SERVER THAT MAKES EITHER AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DCI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY THE SITE OR PROVIDED AS PART OF THE SERVICES OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DCI OR THROUGH THE SITE OR PARTICIPATION IN THE SERVICES SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, DCI NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OF USE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING EITHER OR BOTH, AS THE CASE MAY BE. YOU SHOULD NOT RELY ON THE SITE OR THE SERVICES TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; INSTEAD, YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE OR THE SERVICES FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT WILL DCI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE SERVICES, OR THE INFORMATION, SERVICES AND MATERIALS AVAILABLE FROM THE SITE OR THE SERVICES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY YOU OR ON BEHALF OF ANY OTHER USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site or the Services, your communication, placement or transmission of any message, content, information or other materials on or through the Site or the Services, your breach or violation of any law or third party right or of these Terms and Conditions of Use, or any activity otherwise related to your use of the Site or the Services (including negligent or wrongful conduct), or by any other person accessing or using the Site or the Services using an account registered to you.
ENTIRE AGREEMENT, GOVERNING LAW
These Terms and Conditions of Use constitute the entire agreement between you and DCI and govern your use of the Site and the Services, and supersede any prior agreements between you and DCI relating to your use of the Site or the Services. These Terms and Conditions of Use and the relationship between you and DCI will be governed by and construed under the laws of the Commonwealth of Virginia, without regard to conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any dispute with the Site or the Services or relating to your use of either, resides in the courts of the Commonwealth of Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia located in Alexandria in connection with any such dispute, including any claim involving the Site or the Services. You further agree that you will not commence against any of the Protected Entities a class action, class arbitration or other representative action or proceeding in connection with the Site or the Services. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the subject provision, and all the other provisions of these Terms and Conditions of Use will remain in full force and effect. By using the Site and/or the Services, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site, the Services, or these Terms and Conditions of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. DCI’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and DCI nor any trade practice shall act to modify any of these Terms and Conditions of Use. DCI may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you. The Site is controlled and operated in the United States, and may not be available outside of the United States. DCI makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with all applicable local laws. In the case of any violation by you of these Terms and Conditions of Use, DCI reserves the right to seek all remedies available to it for such violations.
Updated June 3, 2015