Last Modified: [3/20/2017]
Additional Terms for Products
No Reliance on Content
“Content” means all text, information, graphics, data, software, animation, applications, videos, music, photos, trademarks, links to third party sites and other materials and information presented on the Website, made available through the Website or included in a Product.
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE DALE FOUNDATION DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT. CONTENT MAY BE OUT OF DATE AT ANY GIVEN TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT. THE CONTENT IS NOT INTENDED AS, AND SHOULD NOT BE CONSTRUED AS, LEGAL ADVICE. ADHERENCE TO ANY INFORMATION OR SUGGESTIONS CONTAINED IN THE CONTENT IS AT YOUR OWN RISK AND DOES NOT ENSURE COMPLIANCE WITH ANY FEDERAL OR STATE LAWS, RULES OR REQUIREMENTS THAT MAY APPLY TO YOU. WE RECOMMEND YOU SEEK THE ADVICE OF LEGAL COUNSEL REGARDING SUCH LAWS, RULES AND REQUIREMENTS.
Accessing the Website and Account Security
You acknowledge and agree that we may restrict, suspend or terminate access to the Website or portions thereof at any time in our sole discretion. We will not be liable if, for any reason, all or any part of the Content or Website is unavailable at any time or for any period.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not (i) allow others to access or use your account; (ii) attempt to circumvent our security mechanisms; or (iii) create an account by automated or illegal means. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for all activities that occur through your account, regardless of whether you engaged in those activities. We are not liable for any loss or damages of any kind, and you may be held liable for any losses incurred by us or another party, due to someone else using your account, whether with or without your knowledge.
Links to Third Party Websites and Third Party Content
Intellectual Property Rights
ii. modify any Content or use any illustrations, photographs, video or audio sequences or graphics separately from the accompanying text;
iii. delete or alter any copyright, trademark or other proprietary rights notices from the Products or copies of the Content;
iv. create derivative works from, reverse engineer, disassemble, reconstruct, or decompile the Website, any Product or any software contained in or made available through them;
v. gain unauthorized access to the Website, Products or our systems;
vi. damage, disrupt, or impede the operation of the Website or our systems;
vii. engage in fraudulent or illegal conduct with respect to the Website, Products or Content;
viii. interfere with any other person’s use of the Website;
ix. use any robot, spider or search/retrieval application to access the Website or retrieve or index any Content;
x. transmit any viruses, worms, Trojan horses or other programming of a destructive nature;
xi. store or archive Content to your own or a third party’s computer systems or storage devices or reproduce or incorporate any Content into any information retrieval system; or
xii. create a web page or computer application of any kind that deep links to or frames the Website or any portion thereof.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website or delivered to you, including Products, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, PRODUCTS OR CONTENT.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DALE FOUNDATION, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT THE DALE FOUNDATION, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT AND DO NOT WARRANT THAT THE WEBSITE OR ANY PRODUCT OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE WEBSITE OR ANY PRODUCT OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR ANY PRODUCT OR CONTENT WILL BE CORRECTED. IN NO EVENT WILL THE DALE FOUNDATION, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DECISION MADE IN RELIANCE ON ANY CONTENT.
Limitation of Liability
IN NO EVENT WILL THE DALE FOUNDATION, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR OTHER DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCT OR CONTENT, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS), EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH EVENT, THE DALE FOUNDATION’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANY OTHER PARTIES WILL BE THE MINIMUM AMOUNT PERMITTED BY LAW.
Term and Termination
If you are a copyright owner or agent thereof and believe that content posted on this Website infringes upon your copyright, please submit notice to our Copyright Agent at email@example.com with the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
b) Identification of or a representative list of the work you believe has been infringed;
c) Identification of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled;
d) The URL of the location on the Sites containing the material that you claim is infringing;
e) Your address, telephone number, and email address;
f) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
g) A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You are solely responsible for the content you post on any interactive features within the Website. You may not post any material that is illegal, threatening or violates the proprietary, privacy or other rights of any third parties. We reserve the right, but are not required, to monitor any content posted to our site, and may, at our sole discretion and without any notice, delete any content and/or revoke your right to post or access the site in the future. The DALE Foundation is not responsible for any third party content posted or linked to on this site, including but not exclusive to any postings by site users.