Effective Date: January 1st, 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. BY ACCESSING, USING THE WEBSITE, AND/OR PURCHASING OR USING OUR PRODUCTS AND SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AND WILL BE DEEMED EFFECTIVE AS SET FORTH ABOVE. IF YOU USE THE WEBSITE AFTER CHANGES TO THESE TERMS BECOME EFFECTIVE, SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK THIS PAGE FREQUENTLY AND REVIEW THESE TERMS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
The Website, and the Products and Services offered herein, is only made available to users 18 years of age or older. If you are not 18 years of age or older, please discontinue using the Website immediately, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Website immediately. By using or attempting to use the Website, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Website.
INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with information or services you request, or assist you with the Products and Services. By providing information on our Website, such as in conjunction with registering with us through the Website, or purchasing or accessing any information with respect to the Products and Services through the Website, you agree to provide accurate, current, and complete information about yourself as prompted (“User Data”), and maintain and promptly update your User Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current, or incomplete, or if DTLG has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, DTLG may deny you access to areas of the Website or DTLG’s Products and Services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from DTLG related to content found on the Website. You may opt out of receiving these communications at any time by following the instructions to unsubscribe located on such commercial communications, and/or sending an email to: email@example.com.
ACCOUNT PASSWORD AND SECURITY
The Website and certain data, Products and Services, and any other information or services offered through the Website may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, but you may not be able to access or purchase some Products and Services without registration. At the time of registration for online account access, you will select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password and other account user data, and are fully responsible for all uses of your password and account user data, whether by you or others. Accordingly, you agree to:
- keep your password and other account user data confidential and not share it with anyone else;
- immediately notify DTLG of any unauthorized use of your password or account user data or any other breach of security; and
- use only your password and account user data to access the Website’s Restricted Areas. DTLG cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that DTLG is authorized to act on instructions received through use of your password, and that DTLG may, but is not obligated to, deny, access, or block any activity made through use of your password without prior notice if we believe your password is being used by someone other than you, or for any other reason.
You further acknowledge, consent, and agree that DTLG may, with or without notice to you, access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce the Terms; (c) to respond to claims that any content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) to protect the rights, property, or personal safety of DTLG, its users and the public.
WEBSITE ACCESS AND USE
By using the Website, you acknowledge and agree that unless there are specific terms and conditions applicable to certain information or Products and Services offered by DTLG through the Website, the Website is provided for your information and for your personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws and regulations. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Website or any of its content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, services, URLs, technology, documentation, or interactive features, whether or not in each case relating to the Products and Services provided on the Website (collectively, the “Website Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of any third-party content, its respective owner.
You also acknowledge that you do not acquire any ownership rights by downloading or printing Website Content. Furthermore, except as expressly permitted in these Terms, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
- circumvent, disable, or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission;
- transmit, distribute, or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- collect or harvest any personally identifiable information from the Website including, without limitation, usernames, passwords, or email addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of any the Website;
- use network-monitoring software to determine architecture of or extract usage data from the Website;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
- affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
- violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Website. Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
ACCURACY OF WEBSITE CONTENT
The information and materials provided in this Website, the Website Content, and any data, information or Products and Services offered through the Website are provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the information and material on the Website (including the Website Content, and any data, information or services offered through the Website) shall be at your own risk.
Occasionally there may be information on the Website, or the services offered through the Website, that contains typographical errors, inaccuracies or omissions that may relate to information or service descriptions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information with or without notice if DTLG, in its sole and absolute discretion, believes that any information on the Website or any information or Products and Services offered through the Website is inaccurate, misleading, outdated, or incomplete.
MODIFICATIONS TO DATA, INFORMATION OR SERVICES
DTLG reserves the right at any time to, temporarily or permanently, augment, update, discontinue or remove, or otherwise the Website, any of its information or Products and Services, and/or the Website Content (or any part thereof), including the Restricted Areas, with or without notice. You agree that DTLG shall not be liable to you or any third party for any modification, suspension, removal, or discontinuance of the Website, or any of its information or Products and Services, and/or the Website Content (or any part thereof).
You agree that DTLG may, in its sole and absolute discretion and with or without notice or liability to you or any third party, immediately terminate your access to the Website and/or the Restricted Areas. Grounds for such termination may include, but shall not be limited to:
- failing to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements, policies, or guidelines;
- requests by law enforcement or government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification of the Website, or the data, information or Products and Services offered therefrom (or any part thereof);
- unexpected technical or security issues or problems; and/or
- extended periods of inactivity.
Termination of your access and/or account(s) may include: (a) removal of access to all offerings within the Website’s Restricted Areas; (b) at DTLG’s sole discretion, the deletion of all your Website account information and other content associated with your Website account (or any part thereof); and (c) barring further use of the Website’s Restricted Areas.
Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Website, your account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website or through services offered through our Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (collectively, “User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your own User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourages any person, firm, or enterprise from using all or any portion, features, or functions of the Website, or from advertising, linking, or becoming a supplier to us in connection with the Website;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of investment or funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, code, instruction, or advice that could cause harm or injury; or
- results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.” Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms.
By submitting User Content, you also grant us the right to use your information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
We reserve the right to display promotions and advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
The Website may provide links to third-party websites, advertisements, payment processing services, and/or other resources. Because DTLG has no control over such sites, advertisements, and resources, you acknowledge and agree that DTLG is not responsible for the availability of such external sites, vendors, or resources and does not endorse and is not responsible or liable for, any content, advertising, products and services, or other materials on or available from such third-party websites or resources. You further acknowledge and agree that DTLG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such thirty party websites or resources.
OUR PROPRIETARY RIGHTS
This Website, data, information or services offered through the Website, and all Website Content, including all designs, illustrations, photographs, graphics, articles, text, code, applications, video and audio, or combination of any of the foregoing, all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property, whether or not relating to any Products and Services (collectively, “Intellectual Property”) are owned by and/or licensed to DTLG or its corporate affiliates, and such Intellectual Property is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. You do not and shall not be deemed to acquire any right, title or interest in the Website, Website Content, or any Intellectual Property therein. Any rights not expressly granted in these Terms are expressly reserved.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold DTLG and its parents, subsidiaries, affiliates, members, managers, officers, directors, shareholders, employees, agents, partners, licensors, and service providers (collectively, the “Indemnified Entities”), harmless from all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) made by any third party arising out of, related to, or that may arise in connection with:
- your use of the Website;
- any transaction resulting from use of the Website, your connection to the Website;
- your actual or alleged breach of any of the representations, warranties, covenants, or provisions of these Terms or any applicable law or regulation;
- your submission, posting, or transmission of personally identifiable information or other data to the Website;
- your violation of any rights of another; or
- your other acts and omissions.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE, THE WEBSITE CONTENT AND ALL OTHER DATA, INFORMATION OR PRODUCTS AND SERVICES OFFERED/PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY: (A) WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS AND SERVICES OFFERED/PROVIDED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS AND SERVICES OFFERED/PROVIDED ON OR THROUGH THE WEBSITE; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR PRODUCTS AND SERVICES OFFERED, AND/OR RECEIVED THROUGH OUR WEBSITE OR ACCESSED/PURCHASED THROUGH THE WEBSITE; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THE INFORMATION OR PRODUCTS AND SERVICES ACCESSED, OFFERED, AND/OR PURCHASED THROUGH THE WEBSITE; (F) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED. DTLG ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER CONTENT. ANY PRODUCTS AND SERVICES, OR CONTENT OBTAINED THROUGH THE WEBSITE IS OBTAINED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM OBTAINING OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DTLG OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, OR ANY PRODUCTS AND SERVICES ACCESSED OR PURCHASED THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE DATA, INFORMATION OR PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, AND/OR PRODUCTS AND SERVICES ACCESSED OR PURCHASED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE, OR THE DATA, INFORMATION OR PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF PRODUCTS AND SERVICES ACCESS, PURCHASED, AND/OR RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
GOVERNING LAW; DISPUTE RESOLUTION
By using our Website and the data, information or Products and Services offered/purchased through the Website, you agree that:
- ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION
- DISPUTES WILL NOT BE RESOLVED IN COURT
- DISPUTES WILL NOT BE RESOLVED BY JUDGE OR JURY
- THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS
You further agree that all Claims shall be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule. You further agree that the parties to any arbitration or court proceeding of a Claim shall be limited to DTLG and you individually. Accordingly, you acknowledge and agree that:
- A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND DTLG;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND
- YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website, and any data, information or Products and Services offered/purchased through the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
(a) Waiver and Severability of Terms. The failure of DTLG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitration panel or court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid or unenforceable provision, and all other provisions of these Terms shall remain in full force and effect.
(b) No Contest. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(c) Assignment. We may assign our rights and duties under these Terms at any time with or without notice. You may not assign these Terms without our prior written consent.
(d) No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to these Terms.
(e) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any Claim or any other cause of action arising out of or related to the use of the Website or any data, information or services offered therein, and/or these Terms, must be filed within one (1) year after such Claim or cause of action arose or be forever barred.
(f) Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
(g) Entire Agreement. These Terms, as the same may be amended from time to time in accordance with the terms hereof (together with any other any Additional Terms incorporated by reference herein), constitute the entire agreement between you and us with respect to your access to and use of the Website and any data, information or services offered through the Website. Any and any and all other written or oral agreements or understandings previously existing between you and us with respect to the subject matter hereof are hereby superseded and cancelled.
QUESTIONS OR COMMENTS