By continuing to browse the Site you signify that you have read, understand and agree to be bound by this Agreement.
We may modify this Agreement at any time. Such modifications will become effective when they are posted to the Site. We will indicate at the top of its first page the date this Agreement was last revised. If you do not agree to abide by this or any future versions of the Agreement, do not use or access (or continue to use or access) the Site. It is your responsibility to check the Site regularly to determine if there have been changes to the Agreement and to review such changes. You may request to receive notices by email when changes have been made, by specifically requesting such notices and providing a valid email address to: email@example.com Attn: TOU CHANGES. Notices to your specified email address will cease after one calendar year, unless you renew your request at least once every 365 days.
As used in this Agreement: "Person" means any individual, corporation, company, partnership, association or other group of persons, whether or not organized as a legal entity, or legal successors or representatives of the foregoing. "Materials" means, without limitation: pictures, graphics, photographs, trademarks, logos, text, comments, videos and other audiovisual work, sound recordings, musical compositions, lyrics, and all other works and intellectual property of any type or kind posted to the Site and/or owned by Persons other than Company. "Site" means the entire Site and its individual contents, collectively, excluding only Materials and functionality licensed from third parties. "Service Agreement" means any separate agreement we might require in connection with ordering and/or using any of the goods and services that we offer. "You" refers to any Person who visits the Site for any purpose, authorized or unauthorized.
Conditioned upon your compliance with all the terms and conditions of this Agreement, DVMelite grants you a limited, personal, revocable, nontransferable, and non-exclusive license to access and make personal use of the Site and to use the object code of the Site on a single computer or as otherwise authorized pursuant to a separate and valid service agreement with us. Without limiting other provisions of this Agreement, this license is subject to the following terms and conditions:
You agree not to use the Site in any unlawful manner or, without limitation, to:
You may not co-brand this Site. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of DVMelite or dvmelite.com in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with DVMelite in causing any unauthorized co-branding immediately to cease. You may not frame or use framing techniques to enclose any Mark or other proprietary information without our express written consent. You may not include our name or Marks in any metatags or any other hidden text without our express written consent. You are granted a limited, revocable, nonexclusive license to create a hyperlink to the Site's home page, provided that you comply with all of the following:
By accepting this Agreement you expressly warrant and represent that all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; that you are at least 18 years of age; and that in any event you are receiving a benefit by this Agreement and by being permitted to access the Site.
Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider's website. DVMelite has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This section is without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to DVMelite. How to report a claim of infringement. If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on the Site or through DVMelite as an online service provider, you must notify our designated agent. The law requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
DVMelite's business is to make certain products and services available to its customers. When you order a product or service from DVMelite, you will be required to accept a Service Agreement. Your use of any such product or service is governed by the terms and conditions of the Service Agreement as well as the terms and conditions of this Agreement. Although they are independent agreements, the Service Agreement and this Agreement shall, to the greatest extent possible, be read and interpreted together.
A possibility exists that the Site could include inaccuracies, errors or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable. The Site may be discontinued at any time, without notice, and with or without reason or cause. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, DVMELITE AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, "DVMELITE") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OPINION, ADVICE OR STATEMENT OF DVMELITE OR ITS USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. DVMELITE DISCLAIMS ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE RECEIVED ANYWHERE ON OR THROUGH THE SITE AND THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE. DVMELITE DOES NOT WARRANT THAT YOUR USE OF THE SITE OR ANY DVMELISTE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ANY DVMELITE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND DVMELITE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
NEITHER DVMELITE NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, "DVMELITE") ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY DVMELITE SERVICE OR LINKED SITE, EVEN IF DVMELITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL DVMELITE'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO DVMELITE TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR ANY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY SERVICE (INCLUDING ANY SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LEGAL LIABILITY, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 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. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or any service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or any Company goods or services ("Submissions") provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.
Your rights under this Agreement are not assignable. This Agreement is binding on the Parties and their respective successors and assigns. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties' various rights and remedies hereunder shall be construed to be cumulative. Rules and policies that may appear on the Site are hereby incorporated and made a part of this Agreement. In the event of conflict between any such rule or policy and this Agreement, the applicable provision of this Agreement shall control. This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections. Provided, however, that if we are sued or joined in an action in any other court or forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any such claim. Nothing in this paragraph or Agreement constitutes our consent to the assertion of personal jurisdiction over Company otherwise than in Wisconsin. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties. You agree to execute all further and additional documents as may be necessary or desirable to effectuate and carry out the provisions of this Agreement. Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect. No breach of any agreement by DVMelite shall be deemed material unless the Party alleging such breach shall have given DVMelite written notice of such breach, and DVMelite shall fail to cure such breach within thirty (30) days after its receipt of such notice. All notices required to be sent to DVMelite under any agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to DVMelite, DVMelite Business Development Inc., 1096 Queen Street, Halifax, Nova Scotia B3H 2R9 Canada, Attention: Legal. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any DVMelite service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to defend, indemnify and hold DVMelite harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of the terms and conditions of this Agreement and/or your use of the Site or any service.
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
Updated January 28, 2015