Updated May 15, 2019
Acceptance of Terms through Use.
By continuing to browse the Site you signify that you have read, understand and agree to be bound by these Terms.
Changes to the Terms.
We may modify these Terms 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 these Terms was last revised. If you do not agree to abide by this or any future versions of these Terms, 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 these Terms 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: firstname.lastname@example.org 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 these Terms: "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 may 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.
License and Site Access.
Conditioned upon your compliance with these Terms, DVMelite grants you a limited, personal, revocable, non- transferable, 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 these Terms, this license is subject to the following terms and conditions:
You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in the Site.
You do not upload or download (other than page caching) or modify the Site or any portion of it, without our express written consent.
You do not upload or download (other than page caching), modify or exercise any other right to any Materials you do not exclusively own, without a written license from the owner(s).
This license expressly excludes any resale or commercial use of the Site. Commercial use of the goods and services we make available is permissible only in accordance with the terms and conditions of a separate and valid Service Agreement with us. This license expressly excludes any derivative use of the Site; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, displayed or otherwise exploited for any commercial purpose without our express written consent. The Site, its individual components and all associated intellectual property rights (including but not limited to compilation, organization and display of the content as well as all software and inventions used on and in connection with the Site) are the sole and exclusive property of DVMelite. All rights are reserved. The Site is protected by all applicable intellectual property laws. No portion of the Site may be reprinted, republished, modified or distributed in any form without our express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Site. Except as expressly provided in these Terms, you are not granted any rights or licenses to patents, copyrights, trade secrets or trademarks with respect to the Site, and DVMelite reserves all rights not expressly granted hereunder. The trademark DVMelite, along with all logos, slogans and trade dress related to the Site (collectively, the "Marks") are exclusively owned by DVMelite. Other trademarks, service marks, logos, labels, product names and service names appearing on the Site and not owned by DVMelite are the property of their respective owners. You agree not to copy, display or otherwise use any of the Marks without our prior written permission. The Marks may never be used in any manner likely to cause confusion, disparage or dilute, or in connection with any product or service that is not authorized or sponsored by DVMelite. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Site. No Materials or other information uploaded or sent to DVMelite at, on or through the Site will be deemed or treated as confidential.
User Conduct and General Practices.
You agree not to use the Site in any unlawful manner or, without limitation, to:
harvest or collect email addresses or other contact information from others by electronic or other means;
damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
upload, post, transmit, share, store or otherwise make available any content in a manner or for purposes that could subject Company to liability, including but not limited to content that is threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, fraudulent, invasive of privacy or publicity rights, or otherwise actionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate, stalk or harass another;
upload, post, transmit, share, store or otherwise make available 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.
Company reserves the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Co-Branding, Framing, Metatags and Linking.
You may not co-brand this Site. For purposes of these Terms, "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:
The link must be a text-only link clearly marked "DVMelite" or "DVMelite.com" or "www.dvmelite.com";
The link must point to the URL and not to any other page within or without the Site;
The link, when activated by any Person, must display the Site full-screen and not within a "frame" on the linking or any other site;
The link shall not portray DVMelite or the Site in any false, misleading, disparaging or otherwise offensive manner;
The link may not use any Mark as part of the link without our prior express written permission; and
The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and Marks or create any false appearance that we are associated with or sponsor the linking or any other site.
We reserve the right to revoke this license to link at any time in our sole discretion.
By accepting these Terms 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 these Terms and by being permitted to access the Site.
Children Under Thirteen.
We do not knowingly collect personal information from persons under the age of thirteen (13). Given the services offered and the intended audience for our services, we do not consider the Site appropriate for use for persons under the age of 18. Any and all services undertaken between the Company and you, to include any agreements written or verbal, shall be null and void if it is suspected you are not of legal age.
Digital Millennium Copyright Act.
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):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When filing an infringement notice, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent's investigation of your claim. Upon receipt of a valid claim (i.e., notice in which all required information is substantially provided) DVMelite will undertake to have the disputed material removed from public view. We will also notify the Person who posted the allegedly infringing material that we have removed or disabled access to that material. DVMelite has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution. How to make a counter notification. If you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under or an agent of such person.
Our registered agent will present your counter notification to the Person who filed the infringement complaint. Once your counter notification has been delivered, DVMelite is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration. It is DVMelite's policy to terminate the accounts of Persons who are found to be repeat infringers. DVMelite, Inc.'s registered agent is located at 1201 Orange Street, Suite 600 Wilmington, DE 19801; and by email: : email@example.com (Subject line: DMCA).
Products and Services Offered by DVMelite.
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 these Terms shall, to the greatest extent possible, be read and interpreted together.
Disclaimer of Warranties.
A possibility exists that the Site could include inaccuracies, errors or information or materials that violate these Terms. 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 THESE TERMS, 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.
Limitation of Liability.
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 THESE TERMS 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 agree to indemnify, defend, and hold harmless the Site, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Third Party Websites and Content
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 these Terms are not assignable. This Agreement is binding on the Parties and their respective successors and assigns. If any portion of these Terms 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 these Terms 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 these Terms. Nothing contained in these Terms shall be construed to require the commission of any act contrary to law. Nothing in these Terms 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 these Terms are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of these Terms, 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. 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. 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"s Delaware registered agent address:
1201 Orange Street Suite 600 Wilmington, DE 19801
In the event of conflict between any such rule or policy and these Terms, the applicable provision of this Agreement shall control. these Terms 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 these Terms shall be construed to require the commission of any act contrary to law.
Acceptance of Electronic Contact.
You agree that these Terms have 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 these Terms on the grounds that it was electronically transmitted or authorized. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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 these Terms.
Changes to this policy.