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Terms and Conditions


Limitation of Liability:

In no event shall Digipas Technologies Inc., (hereinafter, "the Company") be liable to you or any third party for any indirect, special, incidental, exemplary or consequential damages of any kind resulting from any breach of warranty or from the performance or use of the product. This includes without limitation: property damage, loss of value of the product or any third party products that are used with the product, or loss of use of the product or any third party products that are used with the product, even if the Company has been advised of the possibility of such loss or damages. The Company"s total cumulative liability arising from or related to the product, whether in contract, tort (including negligence) or otherwise, shall not exceed the amount actually paid by you for the product. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. If any limitation of liability shall be deemed invalid by any applicable law, then the limitations of liability set forth above shall apply to the maximum extent permitted under applicable law.

Terms and Conditions (Use of the website)

Your access to and use of this web site and all pages operated by Digipas Technologies Inc (referred to as "COMPANY") or its affiliates accessed directly or indirectly by links contained within the site (collectively, the "Site") is subject to the following Terms and Conditions and all applicable laws. By using this Site, you are accepting, without limitation or qualification, these Terms. If you do not agree to the Terms, please do not use the Site.

Although COMPANY uses reasonable efforts to include accurate and up-to-date information on the Site, COMPANY makes no warranties or representations as to the accuracy of the information. COMPANY assumes no liability or responsibility for any errors or omissions in the contents of this Site. Furthermore, COMPANY may update the Terms and Conditions, including the COMPANY Privacy Policy, Disclaimer and Limitation of Liability and other terms of use posted on the Site, without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

In addition, when purchasing and/or using any particular COMPANY products, you will be subjected to and agree to be contractually bound by any posted guidelines or rules application to such products which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

This site is available for your personal use, information and education. You may not download, license, sell, copy, reverse engineer, distribute, modify, transmit, transfer, display, perform, reuse, repost, or create derivative works based on the content of the Site or obtained through the Site, without written permission from COMPANY or the owner of such content in each instance.

Registration data and certain other information about you may be obtained by COMPANY as a result of your use of the Site and may be used by COMPANY in accordance with its Privacy Policy. For more information, please see the full COMPANY Privacy Policy.

COMPANY'S Intellectual Property

You should assume that everything you see or read on the Site is protected by copyright unless otherwise noted, and may not be used except as provided in these Terms and Conditions or with the written permission of COMPANY. Images are either the property of, or used with permission by COMPANY. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. No portion of this Site not be used or reproduced in any way without COMPANY's written permission. Any unauthorized use of the Site or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. COMPANY does not warrant or represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with COMPANY.

Except where otherwise stated, the trademarks and logos, displayed on the Site are registered and common law trademarks of COMPANY and may not be used or reproduced without the written permission of COMPANY. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of COMPANY or such third party that may own the trademarks displayed on the Site.

This site is available for your personal use, information and education. You may not download, license, sell, copy, reverse engineer, distribute, modify, transmit, transfer, display, perform, reuse, repost, or create derivative works based on the content of the Site or obtained through the Site, without written permission from COMPANY or the owner of such content in each instance.

COMPANY Use of Material

Any information posted or transmitted to COMPANY by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is and will be treated as nonconfidential and nonproprietary.

Registration data and certain other information about you may be obtained by COMPANY as a result of your use of the Site and may be used by COMPANY in accordance with its Privacy Policy. For more information, please see the full COMPANY Privacy Policy.

Links and Advertisers

The Site may contain links to web pages or other information not owned or controlled by COMPANY. COMPANY has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of COMPANY. Your correspondence or business dealings with or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are at your own risk and are solely between you and such advertiser.

The fact that this Site contains links to other sites does not mean that COMPANY approves of, endorses or recommends those sites, nor does it imply any association with their operators. COMPANY disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this Site. COMPANY shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the Site.

We welcome links to the Site. You are free to establish a hypertext link to this Site so long as the link and use of the link does not state or imply any sponsorship, endorsement or affiliation of you or your site by COMPANY.

User Conduct

You are prohibited from violating or attempting to violate the security of the Site. You are also prohibited from downloading any software or information for which COMPANY charges a license fee unless you pay the fee. This prohibition applies whether or not technology measures are used to restrict downloading. You shall have no license to use any such software or information and your use of such software or information may be a violation of COMPANY's intellectual property rights. Further, any license to any software or information obtained through the Site prohibits use of software or information obtained through the site with any bootleg, counterfeit or other software or information that violates COMPANY's intellectual property rights.

Compliance with Law Including Export Control

You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of COMPANY, negatively reflect on the goodwill or reputation of COMPANY and shall take no actions which would cause COMPANY to be in violation of any laws, rulings or regulations applicable to COMPANY.

DigiPas USA, LLC and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export any content (including any software or COMPANY services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download any (including any software or services) or COMPANY information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the content (including any software or services).

Use of Communication Services

The Services may include e-mail services, blog services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that you will not use the Communication Services to conduct any survey, contest, pyramid scheme, or use the site in connection with any chain letter, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). You may not advertise or offer to sell or buy any goods or services for any business purpose, unless Terms of Use posted in connection with such Communication Services specifically allows such use, or use the Communications Services to harvest, download, copy or otherwise collect information about others, including e-mail addresses. You may not use the Communications Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others or otherwise restrict or inhibit any other user from using and enjoying the Communication Services. You agree not to publish, post, upload or otherwise make available any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information or any files that contain images, photographs, software or other material protected by rights of privacy or publicity or intellectual property rights, including, by way of example, and not as limitation, copyright or trademark, unless you own or control the rights thereto or have received all necessary consents from the owner of those rights. You also agree not to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another"s computer.

COMPANY has no obligation to monitor the Communication Services. However, COMPANY reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. COMPANY reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself in any Communication Services. COMPANY does not control or endorse the content, messages or information found in any Communication Services and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE COMPANY SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF HARTFORD, STATE OF CONNECTICUT, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE UPS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Termination and Changes

COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) and/or to terminate any rights to use the Site or information, software or items obtained through the Site, for any reason. You agree that COMPANY shall not be liable to you for any modification, suspension or discontinuance of the Site. COMPANY is not obligated to keep this website updated.

COMPANY may update the Terms and Conditions, including the Privacy Policy, Disclaimer and Limitation of Liability and other terms of use posted on the Site, without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. This English version shall always prevail in case of conflicts between it and any translations of the COMPANY Terms and Conditions.

Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY WITH RESPECT TO THE USE OF THE SITE, THE COMPANY SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.