These Terms and Conditions of Use (the “Terms of Use”) apply to the Duckpond Technologies, Inc. site located at duckpond.tech, and all associated sites linked to duckpond.tech by Duckpond Technologies, Inc, its subsidiaries and affiliates, including Duckpond sites around the world [collectively, the “Site(s)”]. The Site is the property of Duckpond Technologies, Inc. (“DPT”, “WE”, “US”, OR “OUR”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF USE AT ANY TIME. PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications.
All questions or comments about the Sites or site content should be directed to: info@duckpond.tech
1. Copyright and Limited License. Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, logos, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of DPT Publishing or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials intended by us for your use for your informational, non-commercial and personal use only. All elements of the Sites, including but not limited to the general design and the Site Materials, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Each of the Sites may only be used for the intended purpose for which such Site is being made available. Except as may be otherwise indicated in specific documents within the Sites, you are authorized to view, play, print and download documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Sites. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites. The Sites, the Site Materials, and all related rights shall remain the exclusive property of DPT and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
2. Trademarks. DPT’s innovation is embodied in its Intellectual Property, including Patents, Trademarks, and Copyrights. All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of DPT and its publishing divisions and imprints, names and designs of the Sites, and any logos) are trademarks or registered trademarks of DPT or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without DPT ’s express prior written consent; further they may not be copied, imitated or used, in whole or in part, without the prior written permission of DPT or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “duckpond technologies” or any other name, trademark or product or service name of DPT without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DPT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. You may not use a DPT logo or other proprietary graphic of DPT to link to these Sites without the express written permission of DPT. Further, you may not use, frame or utilize framing techniques to enclose any DPT trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without DPT ’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DPT or any third party.
3. Third-Party Sites, Functionality and Content. The Sites may make third-party information, advertisements, promotions and other content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”). These Third-Party Products and Services may. DPT does not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for any Third-Party Content or Third-Party Products and Services, and we make no representation or warranties of any kind regarding them. These Third-Party Products and Services and Third-Party Content are not under the control of DPT , and DPT is not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies.
You shall not use DPT ’s name or any language, pictures or symbols which could, in DPT ’s judgment, imply DPT ’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
4. Electronic Communications and Privacy Policy. You consent to our communicating with you about the Sites and DPT via email, text message, or other electronic means. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You agree that you will not provide any other person’s personal information to us unless you have the rights to do so under applicable law and have shared our Privacy Policy with the applicable person.
Certain features or services offered on or through the Sites may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify DPT immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by DPT or any other user of or visitor to the Sites due to someone else using your account as a result of your failing to keep your account information secure and confidential.
5. Prohibited Conduct. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. DPT reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DPT server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DPT, including any DPT account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DPT ’s systems or networks, or any systems or networks connected to the Site or to DPT .
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DPT on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DPT or others.
You may not access or use, or attempt to access or use, the Sites to take any action that could harm us or any other person or entity, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, and without limitation, you may not:
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding other users of the Sites without the applicable user’s prior express consent;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files;
Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
Distribute any unauthorized materials or advertise or promote goods, services, or political campaigns without our express written permission (including, without limitation, by sending spam);
Sublicense any of your rights under these Terms;
Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;
Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other person or entity to any liability, damages, or detriment of any type; or
Otherwise use the Sites for any unlawful or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms, or any additional guidelines, policies or rules posted on the Site or otherwise provided to you.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Sites for any or no reason at any time without notice.
6. Submissions. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or DPT that are provided by you in the form of email or other submissions to DPT , or any such postings on the Sites, are non-confidential and shall become the sole property of DPT. DPT shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you. To the extent you have any rights, title, or interest in any of the foregoing, you shall assign, and hereby assign, any and all such rights, title, and interest to DPT .
7. User Content and Interactive Areas. The Sites may include interactive areas or services, such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g., user generated content, postings to forums, comments on content, participation in communities) to DPT that they have created for consideration in connection with the Sites and any related programs. User content remains the intellectual property of the individual user. By posting your content on the Sites, you expressly grant DPT a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Content for any reason and without notice. All User Content is deemed non-confidential and DPT shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content.
You are solely responsible for your use of the Sites and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any User Content that would violate these Terms, including, without limitation, any of the following:
User Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hateful, inflammatory, fraudulent, deceptive or misleading;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
In connection with User Content and your use of the Sites, you affirm, represent and warrant the following: (i) you are over the legal age to contract (or your parent or guardian has consented to your User Content and your use of the Sites) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Content to use such persons name or likeness in the manner contemplated by the Sites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this Agreement; (v) the User Content and DPT ’s use thereof as contemplated by these terms and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) the User Content do and will not contain: (a) material falsehoods or misrepresentations that could harm DPT or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Use.
DPT takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DPT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is at DPT ’s sole discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, DPT is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other area of the Sites. Although DPT has no obligation to do so, it reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any or no reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Sites. Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant DPT and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media now known or later developed, including without limitation in advertising, fundraising or any other use, without any right of compensation or attribution. You hereby waive any moral rights you may have in User Content. You grant DPT and its affiliates and sublicensees the royalty-free, perpetual, irrevocable, assignable, transferable and worldwide right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
8. Purchases: For all charges for any products and services sold on the Sites, DPT or its vendors or agents will bill your credit card or an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse DPT and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services, and telecommunications services needed for use of the Sites.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
ADPT’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
DPT may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and DPT makes no commitment to update the materials on the Site with respect to such products and services.
9. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, DPT has adopted a policy of terminating, in appropriate circumstances as determined by DPT in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. DPT may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe, misappropriate, or otherwise violate any intellectual property rights of others, whether or not there is any repeat infringement, misappropriation, or violation.
10. Copyright Complaints. If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Consistent with the Digital Millennium Copyright Act, please send an email or written notice to our designated agent for notices of infringement and provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and email address;
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
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Name of Agent Designated to Receive Notification of Claimed Infringement: DuckPond Technologies, Inc’s Legal Department
Full Address of Designated Agent to Which Notification Should be Sent: 14241 Coursey Blvd, Ste: A-12, Baton Rouge, Louisiana 70817
Telephone Number of Designated Agent: 855-537-8324
E-Mail Address of Designated Agent: daw@duckpond.tech
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DPT , ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS AND JOINT COMMITTEE MEMBERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, ASSIGNS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTUAL OR THREATENED SUITS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, ASSOCIATED WITH, OR RELATED TO YOUR USE OF THE SITES OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR CONDUCT AND ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITES, OR ANY ACT OR OMISSION RELATING TO THE SITES OR THE USER CONTENT.
11. DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY DPT , THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DPT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. DPT DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD PARTY PRODUCTS AND SERVICES AND FOR ANY THIRD PARTY CONTENT. WHILE DPT ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, DPT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. DPT IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD-PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD-PARTY CONTENT. DPT RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY TIME WITHOUT NOTICE.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL DPT , OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DPT , OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DPT ’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DPT , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Applicable Law and Venue. These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Louisiana applicable to agreements made and to be entirely performed within the State of Louisiana, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Louisiana, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
14. Termination. Notwithstanding any of these Terms, DPT reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your access to and use of the Sites.
15. Miscellaneous. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.
Duckpond Technologies, Inc. includes by reference CNPN Data Code Technology, ChekMate Digital Check Technology, Hip Hop Golf, VINdentify, Medica Systems, Trigger Happy Gun Technology, LokkChain Technology, DataCop Solutions, MyLifeGard, VINdentity, Kruz-N-Kontrol, ValuMiles, AIM: Avatar Intelligent MemBrain (Virtual Assistant, Processor, Operating System), Dartanyon A. Williams & Dartanyon A. Williams, LLC and their Affiliates; and The DAW Group, LLC and its Affiliates; and Entreprenetics and its Affiliates.
