Terms of Service
Ducimus Digital Solutions, LLC – Terms of Use
THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR ACCESS AND/OR USE OF Ducimus Digital Solutions, LLC’S SYSTEM AND SERVICES! PLEASE SCROLL DOWN!
Ducimus Digital Solutions, LLC, (collectively, “we,” “us” or “Ducimus Digital Solutions, LLC”), provides you access to the Ducimus Academy services (“Services”) including its applications and websites, and to the information, services and other materials available on and through the Site, (collectively with the Site, the “Online Courses”), subject to the terms and conditions described in this Terms of Use (“Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Courses. You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you are under 18 years of age, then you may not use the Site or Online Courses without having your parent or legal guardian read and accept these Terms of Use.
Your Acceptance of These Terms of Use
By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with Ducimus Digital Solutions, LLC for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by Ducimus Digital Solutions, LLC). The term “User” refers to a Visitor or a Subscriber.
You are authorized to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.
These Terms of Use contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
TO USE THE SERVICES, YOU MUST ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH Ducimus Digital Solutions, LLC, AND AGREEING TO THE TERMS OF THIS AGREEMENT.
WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. Ducimus Digital Solutions, LLC’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE COURSE FEES.
We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Ducimus Digital Solutions, LLC on a Site.
User Communications
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, email, in-app messages and in-website chat communications. In addition, Notices may be emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. By providing your phone number, you expressly consent to receive phone calls, faxes, and text messages relating to the Services. If you do not wish to receive phone calls, faxes, or text messages, you may opt-out by saying or replying “STOP.”
User Accounts and User Registration
While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.
In setting up your User Account, you may be prompted to enter additional information, including but not limited to your name and email address. Additional information may be needed to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Online Courses, to the extent applicable.
In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.
Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy.
By registering, you agree that you are registered for the course only once and will not share your login information with any other person regardless of affiliation. If we find that you are sharing logins of your account, you will be permanently terminated without notice and without possibility of refund.
Ducimus Digital Solutions, LLC and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses.
User Conduct Policy
As a condition of accessing the Site and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use Ducimus Digital Solutions, LLC’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any procedures, policies or regulations of networks connected to the Online Courses.
In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”): that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; that interferes with a User’s business or services; that takes any action that may undermine online reviews or feedback; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the Site; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Intellectual Property Rights
The Services are owned and operated by Ducimus Digital Solutions, LLC and its licensors. Ducimus Digital Solutions, LLC reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that Ducimus Digital Solutions, LLC shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Ducimus Digital Solutions, LLC to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.
All content or other material available on the Site or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Ducimus Digital Solutions, LLC and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and international law.
Ducimus Digital Solutions, LLC logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Ducimus Digital Solutions, LLC and are protected under United States and international law. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Ducimus Digital Solutions, LLC.
Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, resell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Ducimus Digital Solutions, LLC may use software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Ducimus Digital Solutions, LLC and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
License to Use the Site and Online Courses
Subject to your compliance with these Terms of Use, Ducimus Digital Solutions, LLC hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.
User Content
The Online Courses, Site, and Services may provide you with the ability to upload forum posts, chat with other Users, contribute to User discussions, profile pages, and other content and media for social interaction, prepare written, photographic, and/or video testimonials and/or comments, or create certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Subject to the license granted to Ducimus Digital Solutions, LLC below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Ducimus Digital Solutions, LLC, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Ducimus Digital Solutions, LLC’s Content or Services which you may propose or make or which User and Ducimus Digital Solutions, LLC may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights to Ducimus Digital Solutions, LLC, its affiliates, and its customers and business partners.
With respect to any User Content, including without limitation any testimonials relating to Ducimus Digital Solutions, LLC, the Site, or Online Courses, you hereby grant Ducimus Digital Solutions, LLC an irrevocable, worldwide, perpetual, royalty-free, sublicensable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site, in the Online Courses, and through any medium now existing or later devised, or to otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose, including without limitation for any commercial, advertising, and/or publicity purpose(s). You further agree that Ducimus Digital Solutions, LLC may publish or otherwise disclose your personal information in connection with the exercise of the license granted under this section. You agree to waive, and waive, any claims arising from or relating to the exercise by Ducimus Digital Solutions, LLC of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section. Ducimus Digital Solutions, LLC is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.
Ducimus Digital Solutions, LLC reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Ducimus Digital Solutions, LLC to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Ducimus Digital Solutions, LLC, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Use of Communication Tools and Related Services
The Online Courses may provide you with the ability to post messages to User forums or User review pages, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or Ducimus Digital Solutions, LLC. You agree to use communication tools available on the Online Courses only to send communications and materials related to the subject matter for which Ducimus Digital Solutions, LLC provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications tools available on the Online Courses, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Ducimus Digital Solutions, LLC in any manner (unless expressly stated otherwise by Ducimus Digital Solutions, LLC) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Ducimus Digital Solutions, LLC in any manner, though Ducimus Digital Solutions, LLC reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication tools, Ducimus Digital Solutions, LLC may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.
Services Availability
You acknowledge and agree that Ducimus Digital Solutions, LLC’s Services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Ducimus Digital Solutions, LLC, at its sole discretion, may limit, suspend, or terminate your use of all Ducimus Digital Solutions, LLC-provided Services related to Ducimus Digital Solutions, LLC’s Services and may modify or discontinue all Services related to its programs at its sole discretion.
Warranties
You expressly acknowledge and agree that your use of the Site, the Online Courses and all Content and Services available on the Site is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT), SITE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR MENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Limitation of Liability and Consequential Damages Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF Ducimus Digital Solutions, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO Ducimus Digital Solutions, LLC FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN DOLLARS ($10) THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT SHALL Ducimus Digital Solutions, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
Binding Arbitration and No Class Actions
The parties agree that any dispute arising out of or relating to these Terms of Use, the Site, and/or the Services shall be resolved through binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The parties may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Any arbitration shall be limited to each claim individually. You and Ducimus Digital Solutions, LLC agree that each may only bring claims against the other in your or Ducimus Digital Solutions, LLC’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
This agreement to arbitrate will not preclude you or Ducimus Digital Solutions, LLC from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Ducimus Digital Solutions, LLC from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, including to protect intellectual and proprietary rights. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the state of California. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts.
Indemnity
You agree to indemnify, defend and hold harmless Ducimus Digital Solutions, LLC, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Courses, including without limitation your User Content and any claim of infringement of intellectual property or other proprietary rights.
Termination of Rights
You agree that Ducimus Digital Solutions, LLC, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Courses for any reason or no reason, including, without limitation, if Ducimus Digital Solutions, LLC believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that Ducimus Digital Solutions, LLC shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that Ducimus Digital Solutions, LLC may retain and store your information on Ducimus Digital Solutions, LLC’s systems notwithstanding any termination of your account or the Online Courses.
Dispute Procedure and Claims of Copyright Infringement
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ducimus Digital Solutions, LLC’s Copyright Agent with the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
– a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
– a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
– 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 owner of the product, work, copyright or intellectual property, or its agent, or applicable 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 product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
– Ducimus Digital Solutions, LLC’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
– Copyright Agent: Ducimus Digital Solutions, LLC, Inc. Email: [email protected]
Governing Law
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of California of the United States of America, as it is applied to agreements entered into and to be performed entirely within the United States and without giving effect to any principles of conflict of laws. Ducimus Digital Solutions, LLC makes no representations that the Site operates (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court or arbitrator with competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Ducimus Digital Solutions, LLC shall have no liability under these Terms of Use to the extent arising from any failure of Ducimus Digital Solutions, LLC to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event beyond Ducimus Digital Solutions, LLC’s reasonable control. Ducimus Digital Solutions, LLC shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.
Enforcement; Non-waiver; Non-assignment
If any part of these Terms of Use is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of these Terms of Use will remain in effect unless otherwise provided herein. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.
Ducimus Digital Solutions, LLC may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Ducimus Digital Solutions, LLC.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Ducimus Digital Solutions, LLC relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Ducimus Digital Solutions, LLC or through a specific writing between you and Ducimus Digital Solutions, LLC.
Notices
To contact us regarding these Terms of Use, you may (1) send an email to [email protected] ; or (2) send a letter to 134 W Main Street Suite 201, Vernal, UT 84078; Attn: Terms of Use Agreement. Your communications with us will not constitute legal notice where required by these Terms of Use or by law.
Please note that the section titles herein are displayed for convenience only and have no legal effect.