Last Updated: January 4th, 2018
THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THIS AGREEMENT PROHIBITS CLAIMS AFTER ONE YEAR AND REQUIRES ALL LAWSUITS TO BE BROUGHT IN ILLINOIS. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.
The terms and conditions, together with all updates, supplements, additional terms, and any of Dais Technology, Inc.’s (hereinafter referred to as “Dais,” “we”, “us”, or “our”) rules and policies (collectively, the “Agreement”) are applicable to the Dais website www.dais.com (“Dais Site”), including any versions optimized for viewing on a mobile device or any version that is made available on a third-party platform, such as Dais’ customers’ and clients’ (“Customers’”) websites or applications (the Dais Site and Customers’ websites will be referred to collectively hereinafter as the “Sites”). This Agreement is applicable to any individuals that use the Dais Site, or any of the other Sites to the extent such individuals are exposed to the Dais Site through any such other Site.
YOU ACKNOWLEDGE AND AGREE THAT DAIS (1) IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND CUSTOMERS, (2) HAS NO CONTROL OVER THE CONDUCT OF CUSTOMERS OR CUSTOMERS’ SERVICES, AND (3) DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE USE OF CUSTOMERS’ SERVICES. DAIS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES. THE USE OF ANY THIRD PARTY WEBSITES, PRODUCTS, OR SERVICES IS AT YOUR OWN RISK.
- Representations and Warranties. As a condition of your use of the Sites, you represent, warrant and covenant that: (a) you are at least 18 years old; (b) you possess the legal authority to enter a binding legal obligation; (c) all information supplied by you is true, accurate, current and complete and you will maintain and promptly update such information to keep it true, accurate, current and complete; (d) the submitted information and Dais’ use thereof as contemplated by this Agreement will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights or rights of publicity; and (e) if you have an account with Dais or any of the Customers, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you, and you will not share your username and password with any third party or permit any third party to log-on to any of the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
You agree and understand that if you are required to enter into an agreement with any Customers, you, and not Dais, will be responsible for performing the obligations of any such agreements and that Dais is not a party to such agreements.
Right to Cancel, Errors, Mistakes. The Sites may contain technical inaccuracies or typographical or other errors in connection with information displayed. Dais assumes no responsibility or liability for such errors, inaccuracies, or omissions. Dais is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with any of the Sites.
- Copyright and Trademarks; No Endorsement. All of the content featured or displayed on the Dais Site including without limitation text, graphics, photographs, images, sounds, illustrations, trademarks, service marks, and trade names of Dais used on the Dais Site (including but not limited to: Dais’ name and logo and designs) (“Content”), are owned by Dais, its licensors, vendors, agents or its Content providers. All elements of the Dais Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Elements of the Dais Site may only be used for the intended purpose for which such an element is being made available. You shall not use any Content in any way which could, in Dais’ sole judgment, imply Dais’ endorsement in any way, without prior written consent.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to the Dais Site. We reserve the right to remove any material alleged to be infringing without prior notice and without liability to you. When appropriate, we may also terminate your account. If you believe that your copyrighted information has been used in a way that constitutes copyright infringement, please send a notice that complies with the requirements of the Digital Millennium Copyright Act to our designated agent at:
DAIS Technology, 8770 W. Bryn Mawr Ave, Suite 1300, Chicago, IL 60026, firstname.lastname@example.org
- Inappropriate Material. You are prohibited from using the Dais Site to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone inappropriately using the Dais Site.
Access and Interference. You agree that you will not (i) use any robot, spider, scraper or other automated means to access any of the Sites for any purpose; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites, including without limitation by imposing an unreasonable or disproportionately large load on our infrastructure; or (iii) bypass any measures that may be in place to prevent or restrict access to the Sites. We retain the right at our sole discretion to deny access to anyone to Dais Site, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- DISCLAIMERS. YOUR USE OF ANY OF THE SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICE PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS-IS” AND “WHERE-IS” WITHOUT ANY WARRANTIES OF ANY KIND. DAIS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DAIS OR ANY OF THE CUSTOMERS OR THROUGH ANY OF THE SITES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATIONS OF LIABILITY; LIMITATION ON TIME TO FILE CLAIMS. IN NO EVENT WILL DAIS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE SITES, ANY WEBSITES OR APPLICATIONS LINKED TO THE SITES, OR THE MATERIALS, INFORMATION, OR OTHER CONTENT CONTAINED ON THE SITES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAIS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH ANY OF THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE IN QUESTION. IN NO EVENT SHALL DAIS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED , IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO DAIS IN CONNECTION WITH SUCH TRANSACTION(S) OR (B) ONE HUNDRED DOLLARS (US $100.00).
TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THIS SERVICE WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR SUCH CLAIM OR CAUSE OF ACTION WILL BE IRREVOCABLY WAIVED.
- Indemnity. You agree to defend, indemnify and hold Dais, harmless from any and all liabilities, costs, and expenses, including without limitation reasonable attorneys’ fees, related to or in connection with (i) the use of any of the Sites or your placement or transmission of any message or information on the Sites by you or your authorized users; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights, including any such violation arising from Content, or Dais’ use of Content; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to Dais; or (vi) any other party’s access and use of the Sites with your username and password.
- Termination. Dais may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
- Force Majeure. Neither Dais nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control.
- General. Any claim relating to the use of the Sites, the materials contained herein or this Agreement is governed by the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in State of Illinois. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck and amended to achieve as closely as possible the effect of the original provision and all other provisions of this Agreement will continue in full force and effect. You agree that this Agreement may be assigned by Dais in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and Dais are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
Entire Agreement; Survival. These terms and conditions are the entire agreement between you and Dais and supersede any prior understandings or agreements (written or oral). The license granted by you in Section 3, and the terms of Sections 7 through 14 shall survive any termination or expiration of this Agreement.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THIS AGREEMENT.
Dais Technology, Inc | 8770 W. Bryn Mawr, Suite 1300 | Chicago, Illinois 60631