This Site is not intended for children. If you are under 21 years of age, please do not use or access the Site at any time or in any manner, or submit any information to the Site or to Digitus.
USE OF THE SITE
Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Site, or create more than one personal account. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify Digitus immediately of any unauthorized use of your password(s) or account(s). You agree that Digitus will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you would be held liable for losses incurred by Digitus or another due to someone else using your account or password. You may not use anyone else’s account at any time.
You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Digitus networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Digitus networks or systems, or to interfere or attempt to interfere with any Digitus networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Digitus, networks or systems.
USE OF SOFTWARE
Digitus may change the Services offered on or through the Site at any time without notice. Digitus makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Digitus, nor is there any representation or warranty by Digitus that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
Digitus may permit registered users to post content to the Site, including comments, photos, videos, and other materials (“User Content”). You understand and agree that Digitus does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Digitus arising from or relating to User Content.
You retain all rights in and to the User Content you post to the Site. However, by posting User Content to the Site, you hereby grant Digitus a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site and Digitus’s business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Site (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant Digitus a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with your User Content and any derivative works thereof. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.
Digitus may use User Content to promote or advertise the Sites or Services or the products and services of affiliates, advertisers and other third parties (collectively “Promotions”). By posting User Content, you agree that Digitus shall have the perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with such Promotions. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and services of Digitus or any other company or product that is addressed in your User Content.
You agree not to post any User Content that:
• violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual or proprietary rights;
• you do not have the right to disclose under any law, contractual obligation, or fiduciary relationship;
• violates, or encourages conduct that violates, laws or regulations;
• is fraudulent, false, misleading, or deceptive;
• is sexually explicit, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive, abusive, violent, humiliating to or bullying of other people, or otherwise inappropriate, as deemed by Digitus in its sole discretion;
• may create a risk of harm, loss, emotional distress, or physical or mental injury to yourself, any other person, or any animal;
• is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian;
• contains advertisements or solicitation of business;
• sends spam, surveys, unsolicited advertising or promotional materials, or chain letters;
• contains or links to any material that contains software viruses, corrupted files or any other similar software, files, or programs that may damage or adversely affect the operation of the Site, the Services, or the computer or systems of another user;
• impersonates another person or entity.
THIRD PARTY CONTENT
As a convenience to users, the Site contains links to third-party web sites (“Third Party Sites”). You understand and agree that Digitus makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.
If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or shopping list data, you understand and accept that by activating the applicable Software feature, it will require that Digitus capture, collect, transmit, store, and use such content and/or data.
THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIGITUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, DIGITUS MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. DIGITUS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGITUS AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF DIGITUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF DIGITUS AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
You agree to defend, indemnify and hold Digitus and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.
Digitus has the right, but not the obligation, to monitor any activity on the Site. Digitus may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies, to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.
GOVERNING LAW; DISPUTE RESOLUTION
COMPLIANCE WITH LAWS
You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.
COPYRIGHT & TRADEMARK INFRINGEMENT REPORTING PROCEDURES
Digitus’s policy is to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and to respond to allegations of trademark infringement in accordance with our trademark policy. For more information, please read our Copyright & Trademark Policies, the terms of which are incorporated by reference in their entirety.
Digitus Solutions LLC
109 East 17th Street, Suite 450
Cheyenne, WY 82001
Attn: Legal Dept.