User’s Agreement to be Bound by Terms
.decimal, Inc., (“.decimal®”) provides access to its website, www.dotdecimal.com (the “Site”), for the convenience of its customers and potential customers, for online information about .decimal® and its products. Your access and use of the Site are subject to your acceptance of, and agreement to be bound by the Site’s Terms and Conditions (the “Agreement”).
Your use of this Site also constitutes your agreement and acceptance, without modification, of the information, notices, terms and conditions set forth herein. As an additional condition of your use of this Site, you represent and warrant to .decimal that you will not use this Site for any purpose that is unlawful, immoral or prohibited by this Agreement. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use or access this Site. Your access to the Site is your affirmative agreement to be bound by the terms of this Agreement, as it may be updated or revised from time to time. In addition, .decimal may have additional terms and conditions which apply to specific portions of the Site, or may apply for limited periods of time to all or a portion of this Site. In the event of a conflict between any other such agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall prevail.
IF YOU ARE UNCERTAIN ABOUT THE TERMS OF THIS AGREEMENT, OR HAVE ANY QUESTIONS REGARDING ANY OF ITS TERMS, PLEASE CONTACT US AT INFO@DOTDECIMAL.COM BEFORE YOU USE THE SITE.
User’s Access and Use of the Site
.decimal does not guarantee that the Site will be free of infection from viruses, malware, spyware, or other harmful or annoying software, that could affect your computer, possibly causing damage to data, software, or hardware, or extracting system data or personal information. Users are solely responsible for employing adequate protections, such as firewalls and antivirus software to satisfy each such User’s particular requirements for integrity and accuracy of data. Users are responsible for backing up and/or preserving their own software and data—including data exchanged with the Site—to permit the reconstruction or recovery of lost or corrupted data. At no time shall the Site be responsible for storing, protecting or recovering a User’s lost or corrupt data.
ANY USE OF THE INTERNET INVOLVES A CERTAIN AMOUNT OF RISK. USERS ASSUME TOTAL RESPONSIBILITY AND RISK FOR THEIR USE OF THE SITE AND THE INTERNET. BY ACCESSING THE SITE, USERS ACKNOWLEDGE THAT ANY TRANSMISSIONS OF DATA USERS MAY MAKE ARE AT RISK OF BEING INTERCEPTED AND USED BY UNAUTHORIZED THIRD PARTIES. WHILE THE SITE STRIVES TO MAINTAIN A SAFE ENVIRONMENT, IT CANNOT GUARANTEE THE SAME, WHICH IS WHY ALL USERS MUST ACKNOWLEDGE THAT THEIR USE OF THE SITE IS SOLELY AT THEIR OWN RISK.
As a prerequisite for your use of the Site you agree to provide and maintain accurate and up-to-date information as requested by the Site (the “Account Information”). You acknowledge that .decimal will rely upon the representations made and information provided by you, in whole and in part. Furnishing false or inaccurate information constitutes fraud and may subject you to legal action. You expressly acknowledge that .decimal’s reliance on false information provided by you may result in losses or damages thereto. Therefore, you expressly agree to indemnify and hold harmless .decimal, its affiliates, officers, agents and employees for any and all such losses or damages. If you provide any information that is false, inaccurate, outdated or incomplete, or .decimal reasonably suspects that such information is false, inaccurate, outdated or incomplete, .decimal may disable or terminate your Site access and forbid any further use of the Site and future access to the Site by you.
Any user-supplied information provided to .decimal related to the use of the Site or otherwise: (a) shall not violate applicable laws; (b) shall not be false, inaccurate or misleading; (c) shall not contain obscene images or language; (d) shall not contain any spyware, malware, viruses or other computer programming code intended to damage, access or obtain any system, data or personal information; (e) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (f) shall not be defamatory, libelous, threatening or harassing; and (g) shall not create liability for .decimal or jeopardize its business, including, but not limited to, bulk email activity, or other high-volume activities that could interfere with the use of the Site by others. .decimal may immediately disable access to the Site for failing to abide by the terms of this Agreement (including those incorporated by reference herein).
.decimal, in an effort to provide reliable and efficient services to its customers, will periodically schedule system downtime for maintenance and other purposes. In addition to regularly scheduled maintenance, there is always a risk that unscheduled or unexpected interruptions also may occur, due to circumstances within or beyond the .decimal’s control. .decimal shall have no liability whatsoever with respect to any Site unavailability, or for any loss of data caused by planned or unplanned outages or any associated delay. .decimal shall also have no responsibility for outages which are caused by third parties, such as internet service providers, telecommunications companies or third-party billing services.
You agree to indemnify, defend and hold .decimal and any of its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees and costs) resulting from (i) your access to the Site, (ii) your use of any products or services provided through or in connection with the Site, or (iii) your breach of any provision of this Agreement. If deemed necessary in .decimal’s sole discretion, you agree to cooperate to the fullest extent possible in the defense of any claim brought against .decimal that is related to your use of the Site. .decimal reserves the right, at its own expense, to assume control of and prosecute or defend any matter otherwise subject to this indemnification. You shall not, under any circumstances settle any matter to which this indemnification applies without the prior written consent of .decimal.
.decimal may provide links to other websites or resources as part of the Site, but only as a convenience to you. .decimal is not responsible for the contents, products or services on any third party site and the inclusion of any link does not imply the .decimal endorses the content on such third party sites. You are visiting such third party sites solely at your own risk.
Copyright & Trademark Infringement/Designation of Copyright Agent
.decimal’s policy regarding copyright infringement and .decimal‘s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
.decimal observes, and requires all Users to observe applicable copyright and trademark laws. .decimal may, when necessary and at its discretion, remove, delete, disable access to or remove internal or external links to, any material it finds or believes to be infringing on any copyright or trademark. To the extent any User is found to repeatedly participate in infringing activity, .decimal shall have the right to terminate such User’s account and access to the Site.
If you believe that your work has been used on the Site in any manner that constitutes copyright or trademark infringement, please notify .decimal’s copyright agent by written notice:
R. Lee Bennett, Esq.
301 E. Pine St., Suite 1400
Orlando, FL 32801
You acknowledge and agree that .decimal and its licensors own all rights, title, and interest in text, graphics/images, logos, artwork, audio clips, video, photographs, software, and other information (the “Content”), as protected by federal and international copyright and trademark laws, or other laws protecting such proprietary rights.
.decimal grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. Other than as expressly provided herein, no portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of .decimal and/or the appropriate third party licensors. These terms and your use of the Site do not give you any rights to use any .decimal® trademarks, service marks or logos. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent or trademark of .decimal® or any third party.
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, or otherwise examine, license or create derivative works with respect to the Site, the Content, or any portion or subdivision thereof. Portions of the Content may be licensed to .decimal® from third parties; such third party Content and all intellectual property rights associated therewith belong to the third parties from whom such Content is licensed. At no time shall any User be permitted to remove, alter or modify any copyright, trademark or other intellectual property contained on the Site or the Content. Any and all rights or protections not expressly granted by this Agreement or any applicable license agreements are hereby expressly reserved by .decimal®.
Disclaimer/Limitation of Liability
.DECIMAL® AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE SHALL, AT NO TIME AND UNDER NO CIRCUMSTANCES, BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (I) THE USE OF, OR INABILITY TO USE THE SITE (II) OBTAINING SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO RELATING TO THE SITE; (III) UNAUTHORIZED ACCESS TO, CORRUPTION OF, OR INTERFERENCE WITH YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF .DECIMAL® OR ANY THIRD PARTY THROUGH OR ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE, SAFETY, PERFORMANCE OR APPLICABILITY OF ANY SERVICE OR MERCHANDISE OBTAINED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. THIS PROVISION SHALL APPLY REGARDLESS OF WHETHER .DECIMAL® WAS OR SHOULD HAVE BEEN AWARE OF SUCH DAMAGE OR LOSS.
BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL SITE CONTENT AND ALL PRODUCTS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. .DECIMAL®’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO .DECIMAL® FOR THE USE OF THE SITE BY YOU OR $1.00. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW IN SUCH JURISDICTION. THE LIMITATION OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF .DECIMAL®, ITS AFFILIATES, AND TO ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. You FURTHER 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, ITS PRODUCTS OR Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
.DECIMAL® IS IN NO WAY LIABLE FOR YOUR MISUSE, MISAPPLICATION OR LACK OF PROPER TRAINING FOR THE USE AND IMPLEMENTATION OF THE PRODUCTS PROVIDED THROUGH THE SITE. .DECIMAL® IS NOT OBLIGATED TO ASCERTAIN YOUR ABILITY TO USE OR IMPLEMENT PRODUCTS PURCHASED BY YOU THROUGH THE SITE, AND IS NOT RESPONSIBLE FOR TRAINING OR INSTRUCTION ON THEIR USE AND OR IMPLEMENTATION. YOU ARE SOLELY RESPONSIBLE FOR PROPER USE AND IMPLEMENTATION OF THE PRODUCTS PURCHASED BY YOU THROUGH THE SITE AND BEAR ALL LIABILITY FOR ANY DIAGNOSTIC OR TREATMENT PROCEDURES PERFORMED USING SUCH PRODUCTS.
Information and Pricing
While .decimal® strives for an informative and error-free Site, it does not guarantee that any content is accurate or complete, including price information and product or service specifications. With respect to information about the use, application, installation or safety regarding any products provided through the Site, the Site expressly disclaims any liability for such information, as it is only offered for the User’s convenience, and directs Users to refer to the information provided by the manufacturer of such products, if applicable.
Viewing, accessing or using the Site or its Content may not be legal in certain countries or for certain individuals or classes of individuals. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. .decimal® does not represent or claim that the Site, the Content, or any aspect thereof is appropriate for accessing, viewing or downloading outside of the United States. Please refer to local laws, jurisdictional rules, tariffs, customs rules and other applicable laws regarding international orders.
Applicable Law/Jurisdiction and Venue
This Agreement is governed by and construed in accordance with the federal laws of the United States of America and of the State of Florida. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Both parties agree to submit to the exclusive jurisdiction of the courts of the State of Florida and the United States federal district court located in Orange County, Florida with respect to actions brought under this Agreement. You are solely responsible for your familiarity and compliance with any laws that may prohibit participation in or use of any part of the Site.
This Agreement constitutes the entire agreement between you and .decimal® and supersedes all prior agreements, representations and understandings between the parties regarding the subject matter contained herein namely, the access to or use of the Site. This Agreement does not supersede or have any bearing upon any agreement a User might have with .decimal® that does not specifically concern the use of or access to the Site, (e.g., The Customer Agreement). If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. .decimal®’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by .decimal® in writing.
Modifications to Agreement
From time to time, .decimal® may, in its sole discretion, modify the Agreement and shall provide notice of such modifications by posting the modified Agreement on the Site; however, your use of the Site thereafter shall constitute acceptance of any and all such modifications, regardless of notice. .decimal® reserves the right to modify the Content of the Site at any time for any reason without notification, in its sole discretion. .decimal® retains the right to delete any account for any reason at any time, in its sole discretion.
.decimal® may, at any time, assign its rights or delegate its obligations hereunder without notice to you. There are no intended beneficiaries to this Agreement, other than the parties hereto, and no individual or entity who is not a party to this Agreement shall have any right to enforce any term hereof.