Last Revised Feb 4, 2021
By joining, or each time you access and use the Services, you signify that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.
In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify DMP if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. We will provide notice by, at a minimum, updating this posting. However, if we make material changes to these Terms, we will post a notice on the Site that these Terms have been or will be changed. Any changes to these Terms and Conditions will be in effect as of the "Last Updated" date referenced in these Terms. Your use of the Site following the posting of any changes constitutes your acceptance of those changes. For this reason, we encourage you to review these Terms whenever you use the Site.
Changes to the Site
In an effort to continually improve the Site and its usefulness to you, we may add additional products or services, or make changes to existing products or services. In the event that we make such changes, these Terms shall apply to the new projects and services, and to any changes to existing products and services. We reserve the right to modify or discontinue all or any part of the Site with or without notice to you, and we will not be liable to you or any third party should we exercise this right.
Interruption of Service
We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
Copyright, Trademarks, and User License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the DMP logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of DMP or its licensors or users and are protected by U.S. and international copyright laws. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by DMP or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, DMP grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
Links to Sites
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray DMP in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use DMP logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any DMP trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DMP or any third party. DMP makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of DMP and DMP is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The Sites operated by DMP on an "as is," "as available" basis, without representations or warranties of any kind. DMP, its divisions, parents, subsidiaries, affiliates, and related companies, and any person associated with any of them (collectively, "dmp"), disclaims any and all representations and warranties with respect to the site, its content, and any products, services, or other items obtained through the site, whether express or implied, statutory or otherwise, including, without limitations, warranties of title, merchantability and fitness for a particular purpose. Without limiting the foregoing, DMP disclaims any and all warranties, express or implied, for any merchandise offered on the site. This disclaimer does not apply to any product warranty offered for any particular item. Without limiting the foregoing, DMP does not represent or warrant that the information on the site is accurate, available, complete, current, error-free, reliable, secure, or that the site will operate without interruption or error, that defects will be corrected, that the site or servers that make it available are free of viruses or other harmful components, or that the site, its content, and any products, services, or other items obtained through the site will otherwise meet your needs or expectations. Without limiting the foregoing, DMP disclaims any liability as to the accuracy or completeness of each product and feature description. DMP does not endorse nor make any warranties or representations about any web site or app you may access through the site. Any links to other websites or apps are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site or app. DMP makes no representation that content provided on the site is applicable or appropriate for use in locations outside of the united states.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
Under no circumstances shall DMP or any of its employees, directors, officers, agents, representatives, partners, service providers, licensors, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the site, any websites or apps linked to the site, any content on the site or such other websites or apps, or any services or other items obtained through the site or such other websites or apps. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, punitive, or otherwise, including, without limitation, loss of data, loss of income, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, personal injury/wrongful death, pain and suffering, and emotional distress), whether in contract, tort (including negligence), or otherwise, even if an authorized representative of any DMP business has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the site or any content on the site, or with these terms, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law. If any part of this limitation on liability is found to invalid or unenforceable for any reason, then the aggregate liability of DMP under such circumstances for such liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
You agree to defend, indemnify and hold harmless DMP and its successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, without limitation, any use of the Site's Content or services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
These Terms and all matters arising from it are governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with these Terms and the place of performance of these Terms is agreed by you to be the State of Delaware. Nothing in these Terms limits either party's ability to seek equitable relief. DMP shall be entitled to reasonable attorneys' fees and costs in connection with enforcing any provision of these Terms.
No waiver by DMP of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition, and any failure by DMP to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To give us notice under these Terms, you must contact us as follows: (i) by sending a message to firstname.lastname@example.org. We may update the e-mail address for notices to us by posting a notice on the Site. Notices provided by e-mail will be effective one business day after they are sent.
These Terms, together with any documents expressly referred to in them, constitute the entire agreement between you and DMP with respect to the Site, and supersedes all previous written or oral agreements.
Reformation / Blue-Pencil
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Limitations or Exclusions Not Applicable
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of any third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to us via our support page.
© 2021 DoubleMatchPoint LLC. All right reserved.
Last Updated February 4, 2021