Last Modified: July 7, 2020
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and
Disaster Technologies Incorporated
(“Company,”
“we,” or
“us”). The following terms and
conditions, together with any documents they expressly incorporate
by reference (collectively, “Terms of Service”), govern your access to and use of our website, currently
located at www.disastertech.com (the
“Website”), including any content,
functionality, and services offered on or through the Website (the
“Services”), whether as a guest or a
registered user.
If you are agreeing to these Terms of Service on behalf of a company
or other legal entity, you represent that you have the authority to
bind such entity and affiliates.
Please read the Terms of Service carefully before you start to
use the Services.
By using the Services or by clicking to accept or agree to the
Terms of Service when this option is made available to you, you
accept and agree to be bound and abide by these Terms of Service
and our Privacy Policy, found at
www.disastertech.com
and dice.disastertech.com or any subdomains for disastertech.com,
incorporated herein by reference.
If you do not want to agree to these Terms of Service (including the
Privacy Policy), you must not access or use the Services.
YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE
TERMS OF SERVICE, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS
OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, (C)
ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE
LAW, OR (D) ARE NOT LOCATED IN THE UNITED STATES OR CANADA OR ARE LISTED ON
ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED
PARTIES.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time
in our sole discretion. All changes are effective immediately when
we post them, and apply to all access to and use of the Services
thereafter. Your continued use of the Services following the posting of revised
Terms of Service means that you accept and agree to the changes. You
are expected to check this page each time you access the Services so
you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any
service or material we provide on the Services, in our sole
discretion without notice. We will not be liable if for any reason
all or any part of the Services is unavailable at any time or for
any period. From time to time, we may restrict access to some
parts of the Services, or the entire Services, to users, including
registered users.
The Services and features available to you will depend on your
account type and, where applicable, the terms of any enterprise
agreement entered into between you or the company you work for and
us (an “Enterprise Agreement”).
You are responsible for both:
-
Making all arrangements necessary for you to have access to the
Services.
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Ensuring that all persons who access the Services through your
internet connection are aware of these Terms of Service and comply
with them.
To access the Services or some of the resources it offers,
you may be asked to provide certain registration details or other
information to us. It is a condition of your use of the Services
that all the information you provide on the Services is correct,
current, and complete. You agree that all information you provide to
register with this Services or otherwise, including, but not limited
to, through the use of any interactive features on the Services, is
governed by our Privacy Policy, and you consent to all actions we
take with respect to your information consistent with our Privacy
Policy.
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 also acknowledge
that your account is personal to you and agree not to provide any
other person with access to the Services or portions of it using
your user name, password, or other security information. 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
also agree to ensure that you exit from your account at the end of
each session. You should use particular caution when accessing
your account from a public or shared computer so that others are
not able to view or record your password or other personal
information.
If you register via a third party account (such as Microsoft Azure),
you authorize us to access and use certain third-party account
information, including, but not limited to, your profile and other
information such as company name, location, contact information, and
billing information. Please note that if your third-party account or
associated service becomes unavailable or if our access to such
account is terminated by the third-party service provider or
otherwise, then your access to the Services may be terminated.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD-PARTY SERVICE PROVIDERS.
We have the right to disable any user name, password, or other
identifier, whether chosen by you or provided by us, at any time
in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of
Service.
Intellectual Property Rights; License
The Services and their entire contents, features, and
functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the
design, selection, and arrangement thereof) are owned by the
Company, its licensors, or other providers of such material and
are protected by United States and international copyright,
trademark, patent, trade secret, and other intellectual property
or proprietary rights laws.
Subject to your compliance with these Terms of Service and any
applicable Enterprise Agreement, we hereby grant to you, a
royalty-free, revocable, non-assignable, non-sublicensable,
non-transferrable, and non-exclusive limited license to use the
Services to view and annotate maps and data visualizations, run
models, create incident views, upload specific datasets to databases
tied to the Services, and to publicly display content with proper
attribution. Other than as expressly granted herein, no right,
title, or interest in or to the Services or any content on the
Services is transferred to you, and all rights not expressly granted
are reserved by the Company. Any use of the Services not expressly
permitted by these Terms of Service is a breach of these Terms of
Service and may violate copyright, trademark, and other laws.
You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Services.
You must not delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials from this site.
Prohibited Uses
You may use the Services only for lawful purposes and in
accordance with these Terms of Service. You agree not to use the
Services:
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In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation,
any laws regarding the export of data or software to and from the
U.S .or other countries).
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For the purpose of exploiting, harming, or attempting to exploit
or harm minors in any way by exposing them to inappropriate
content, asking for personally identifiable information, or
otherwise.
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To send, knowingly receive, upload, download, use, or re-use any
material that does not comply with these Terms of Service.
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To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail,”
“chain letter,” “spam,” or any other
similar solicitation.
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To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including,
without limitation, by using email addresses, user names, or
screen names associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Services, or which, as
determined by us, may harm the Company or users of the Services,
or expose them to liability.
Additionally, you agree not to:
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Use the Services in any manner that could disable, overburden,
damage, or impair the Website or interfere with any other
party’s use of the Services, including their ability to
engage in real time activities through the Services.
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Use any robot, spider, or other automatic device, process, or
means to access the Services for any purpose, including monitoring
or copying any of the material on the Services.
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Use any manual process to monitor or copy any of the material on
the Services, or for any other purpose not expressly authorized in
these Terms of Service, without our prior written consent.
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Use any device, software, or routine that interferes with the
proper working of the Services.
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Introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Services, the server on which the
Services are stored, or any server, computer, or database
connected to the Services.
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Attack the Services via a denial-of-service attack or a
distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the
Services.
Trademarks
The Company name, the terms Single Pane of Glass or Accelerating
Time to Decision, the Company logo, and all related names, logos,
product and service names, designs, and slogans are trademarks of
the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All
other names, logos, product and service names, designs, and
slogans on the Services are the trademarks of their respective
owners.
Use of Services; User Content
You represent and warrant that you either own or have permission to
use all of the material, content, data, text, files, images, photos,
video, sounds, communications, works of authorship, or any other
materials, data or content and information (including your personal
information) you upload, post, share, transmit, submit or otherwise
make available via the Services (“User Content”).
You understand and acknowledge that you are responsible for your own
User Content, and you, not the Company, have full responsibility for
such content, including its legality, reliability, accuracy, and
appropriateness.
You are solely responsible for User Content, its accuracy, and for
the consequences of submitting or posting User Content. We are not
responsible for, and we do not endorse, any User Content, and for
the avoidance of doubt, we specifically disclaim any liability in
connection therewith.
You retain ownership of the User Content that you upload to the
Services. We do, however, require certain licenses from you, as set
forth in these Terms of Service, in order to operate, enable, and
enhance the Services. For example, we need to be able to transmit,
store and copy User Content in order to display it to you and any
users with which you are communicating, to create backups to prevent
data loss, and anything else we deem necessary to provide the
Services or otherwise meet our business needs or enhance our
Services. Your acceptance of the Terms of Service gives us the
permission to do so and grants us any rights necessary to provide
the Services to you. This permission includes allowing us to use
third-party service providers in the operation and administration of
the Services, and the rights granted to us are extended to these
third parties to the degree necessary.
Although we have no obligation to monitor your User Content or your
use of the Services, we may do so. We reserve the right to review,
remove, block, or modify any content on the Services, including User
Content, without notice or further obligation to you. We may
disclose any information necessary to satisfy our legal obligations,
protect the Company, or operate the Services properly. The Company,
in its sole discretion, may refuse to post, remove, or refuse to
remove, any User Content, in whole or in part, alleged to be
unacceptable, undesirable, inappropriate, or in violation of the
Terms of Service.
Copyright Infringement.
Written Notification. We have adopted the following general
policy toward copyright infringement in accordance with the Digital
Millennium Copyright Act (“DMCA”). If
you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please provide our Copyright Agent the
following information (to be effective, the notification must be in
writing and provided to our Copyright Agent):
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an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
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a description of the copyrighted work or other intellectual
property that you claim has been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
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identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and a description of where
the material that you claim is infringing is located;
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your address, telephone number, and, if available, email address;
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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
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a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner’s behalf.
DMCA Agent. Our agent for notice of claims of copyright or
other intellectual property infringement can be reached via email at
support@disastertech.com, by phone at +1 (202) 838-3176, or via regular mail at the
following address: 300 New Jersey Ave. NW, Suite 900, Washington,
D.C., 20001, Attention: Copyright Agent, Sean Griffin.
Reliance on Information Posted
The Services may display, include, or make available content,
data, information, applications or materials from third parties
(“Third Party Materials”) or provide
links to certain third party websites and data. We do not warrant,
endorse or make representations regarding the accuracy,
completeness, reliability, validity, legality, timeliness, or
usefulness of this information and data, regardless of whether it
is available on the Services. Any reliance you place on such
information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on
such materials by you or by anyone who may be informed of any of
its contents.
The Services include content provided by third parties, including
materials provided by other users, and third-party licensors,
syndicators, aggregators, and/or reporting services. We are not
responsible, or liable to you or any third party, for the content
or accuracy of any materials provided by any third parties.
The data available on the Services originates from third party
sources and is not continuously updated, unless specifically stated
otherwise on the Services. The data may be inaccurate, incomplete or
outdated. We do not provide any warranties regarding the credibility
or reliability of the data.
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE AND SOLE
RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU
FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE
SERVICE IS MADE ENTIRELY AT YOUR OWN RISK.
Changes to the Services
We may update the content on the Services from time to time, but
its content is not necessarily complete or up-to-date. Any of the
material on the Services may be out of date at any given time, and
we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on the Services is subject to our
Privacy Policy. By using the Services, you consent to all actions
taken by us with respect to your information in compliance with
the Privacy Policy.
Prices, Payments and Purchase Terms
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All prices, fees, discounts, and promotions posted on the Services
are subject to change without notice. Posted prices do not include
applicable taxes, which will be added to your order at the time of
purchase. We strive to display accurate price information;
however, we may, on occasion, make inadvertent typographical
errors, inaccuracies or omissions related to pricing and
availability. We reserve the right to correct any errors,
inaccuracies, or omissions at any time and to cancel any orders
arising from such occurrences.
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Terms of payment and eligibility to purchase services are within
our sole discretion, and we reserve the right to restrict or
cancel purchases at our sole discretion. We accept most major
credit cards for all purchases. You represent and warrant that (i)
the credit card information you supply to us is true, correct and
complete, (ii) you are duly authorized to use such credit card for
the purchase, (iii) charges incurred by you will be honored by
your credit card company, and (iv) you will pay the total purchase
price and all applicable taxes, if any, at the time your order is
accepted.
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If you purchase any of our Services, you agree to pay us all fees
and taxes applicable to the Services you purchase.
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If you purchase a subscription, you agree to recurring billing and
your payment method will be charged automatically at the start of
each subscription period for the fees and taxes applicable to that
period. Prices are subject to change at any time in our sole
discretion, and if you do not agree to any such changes, you
should terminate your account before the next subscription period.
To avoid future charges, you must terminate your account before
the renewal date. If we are unable to effect automatic payment, we
will attempt to notify you, and your account may be terminated or
disabled until payment is received.
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Any promotion code or offer provided by us may not be used in
conjunction with any other promotion code or offer, past or
present. Introductory offers are only available to new users of
the Services, except where expressly stated otherwise. Unless
otherwise specifically set forth in the terms of any promotion,
all pricing promotions or discounts will apply to the initial
period of the subscription, and any renewals will be charged at
the non-discounted rate for the type of subscription purchased.
Termination
You may terminate your account at any time by
contacting
support@disastertech.com. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT. WE ARE
NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR
ACCOUNT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR
AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND
THIS AGREEMENT.
Regardless of your account type, we may
terminate your account or suspend your access to the Services at
any time, with or without cause. If we terminate your account
without cause, and you purchased a pre-paid subscription account,
we will refund a prorated portion of your monthly or annual
prepayment. We will not refund or reimburse you in any other
situation. Once your account is terminated for any reason,
including after you have stopped paying for your subscription, you
will no longer have access to the Services or the data associated
with it, and we may permanently delete your account and all the
data associated with it. You are solely responsible for
maintaining back-ups of all data stored or otherwise available on
the Services.
Links from the Services
Link to other sites and resources provided by third
parties are provided for your convenience only. This includes
links contained in advertisements, including banner advertisements
and sponsored links. We have no control over the contents of those
sites or resources, and accept no responsibility for them or for
any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to the
Services, you do so entirely at your own risk and subject to the
terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Services is based in Washington, D.C. in the
United States. We provide the Services for use only by persons
located in the United States. We make no claims that the Services
or any of its content is accessible or appropriate outside of the
United States. Access to the Services may not be legal by certain
persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and
are responsible for compliance with local laws.
General Disclaimer
We reserve the right to modify, revise, suspend or discontinue any
of the Services in whole or in part, either temporarily or
permanently and with or without notice, and you acknowledge that we
are not obligated to support or update the Services in any manner.
Due to maintenance, security or capacity issues, and also to some
events over which we may not influence (force majeure, equipment
malfunction, power failures, hostile attacks, etc.), the Services
may be temporarily suspended or affected. We shall use our best
commercially reasonable efforts to correct any errors and minimize
any disruption, inaccessibility and/or inoperability of the
Services, whether scheduled or not. Where feasible, we will endeavor
to provide twenty-four (24) hours advance notice to you in the event
of any scheduled downtime.
High Risk Activities
THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAILSAFE CONTROLS AND INFORMATION, INCLUDING
WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, LIFE
SUPPORT, WEAPONS SYSTEMS, OR EMERGENCY RESPONSE SYSTEMS, IN WHICH
THE FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL OR OTHER
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. WE SPECIFICALLY
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
HIGH-RISK ACTIVITIES.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant
that files available for downloading from the internet or the
Services 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 our Services for any
reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL
OR DATA POSTED ON THE SERVICES, OR ON ANY WEBSITE OR DATA LINKED TO
OR ACCESSIBLE ON THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR DATA
OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES,
THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE DO NOT WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS,
COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR
SERVICES ON THE SERVICES. THE INFORMATION, DATA, MODELS, PRODUCTS,
AND SERVICES AVAILABLE ON THE SERVICES MAY INCLUDE TECHNICAL
INACCURACIES, MISATTRIBUTION, OR TYPOGRAPHICAL ERRORS. THEREFORE,
YOU AGREE THAT YOUR ACCESS TO AND USE OF SERVICES ARE AT YOUR OWN
RISK.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF MODELS, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT,
OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company,
its affiliates, licensors, and service providers, and its and
their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors, and assigns from and
against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable
attorneys’ fees) arising out of or relating to your
violation of these Terms of Service or your use of the Services,
including, but not limited to, your User Contributions, any use of
the Services’s content, services, data, models, and products
other than as expressly authorized in these Terms of Service, or
your use of any information or data obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service,
and any dispute or claim arising therefrom or related thereto (in
each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of
the State of Delaware without giving effect to any choice or
conflict of law provision or rule (whether of the State of
Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related
to, these Terms of Service or the Services shall be instituted
exclusively in the federal courts of the United States or the
courts of the State of Delaware. You waive any and all objections
to the exercise of jurisdiction over you by such courts and to
venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in
these Terms of Service shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or
provision under these Terms of Service shall not constitute a
waiver of such right or provision.
If any provision of these Terms of Service is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Service will continue in full
force and effect.
Entire Agreement
The Terms of Service, our Privacy Policy, and any applicable
Enterprise Agreement constitute the sole and entire agreement
between you and Disaster Technologies Incorporated regarding the
Services and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both
written and oral, regarding the Services.
To the extent any conflict between an Enterprise Agreement and these
Terms of Service exists, the terms of the Enterprise Agreement shall
prevail.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and
other communications relating to the Website should be directed
to: support@disastertech.com.