The Digiown website located at www.Digiown.com is a copyrighted work belonging to Digiown. Certain features ofthe Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site inconnection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BYLOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authorityand capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOUDISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable,limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the followingrestrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commerciallyexploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverseengineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitivewebsite; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed,republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwiseindicated, any future release, update, or other addition to functionality of the Site shall be subject to theseTerms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approvedthat Company will not be held liable to you or any third-party for any change, interruption, or termination ofthe Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you withany support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights,including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Companyor Company's suppliers. Note that these Terms and access to the Site do not give you any rights, title orinterest in or to any intellectual property rights, except for the limited access rights expressed in Section2.1. Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads. The Site may contain links to third-party websites and services,and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control ofCompany, and Company is not responsible for any Third-Party Links & Ads. Company provides access to theseThird-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant,or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads atyour own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any ofthe Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party'sprivacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any UserContent, whether provided by you or by others. You agree that Company will not be responsible for any loss ordamage incurred as the result of any such interactions. If there is a dispute between you and any Site user, weare under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, andassigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim,controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that hasarisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you area California resident, you hereby waive California civil code section 1542 in connection with the foregoing,which states: "a general release does not extend to claims which the creditor does not know or suspect to existin his or her favor at the time of executing the release, which if known by him or her must have materiallyaffected his or her settlement with the debtor."
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaimany and all warranties and conditions of any kind, whether express, implied, or statutory, including allwarranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy,or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will beavailable on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free ofviruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respectto the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply toyou. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitationmay not apply to you.
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or anythird-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect,consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms oryour use of, or incapability to use the site even if company has been advised of the possibility of suchdamages. Access to and use of the site is at your own discretion and risk, and you will be solely responsiblefor any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, ourliability to you for any damages arising from or related to this agreement, will at all times be limited to amaximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. Youagree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequentialdamages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force andeffect while you use the Site. We may suspend or terminate your rights to use the Site at any time for anyreason at our sole discretion, including for any use of the Site in violation of these Terms. Upon terminationof your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated withyour Account from our live databases. Company will not have any liability whatsoever to you for any terminationof your rights under these Terms. Even after your rights under these Terms are terminated, the followingprovisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. Inconnection with our Site, we have adopted and implemented a policy respecting copyright law that provides forthe removal of any infringing materials and for the termination of users of our online Site who are repeatedinfringers of intellectual property rights, including copyrights. If you believe that one of our users is,through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedlyinfringing material removed, the following information in the form of a written notification (pursuant to 17U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a writtennotification automatically subjects the complaining party to liability for any damages, costs and attorney'sfees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you bysending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of thechanges on our Site. You are responsible for providing us with your most current e-mail address. In the eventthat the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing suchnotice will nonetheless constitute effective notice of the changes described in the notice. Any changes tothese Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mailnotice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. Thesechanges will be effective immediately for new users of our Site. Continued use of our Site following notice ofsuch changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms andconditions of such changes.Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Companyand affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTIONWAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Termsor the use of any product or service provided by the Company that cannot be resolved informally or in smallclaims court shall be resolved by binding arbitration on an individual basis under the terms of this ArbitrationAgreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This ArbitrationAgreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessorsin interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries ofservices or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration,the party must first send to the other party a written Notice of Dispute describing the nature and basis of theclaim or dispute, and the requested relief. A Notice to the Company should be sent to: India. After the Noticeis received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Companydo not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may beginan arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to thearbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American ArbitrationAssociation, an established alternative dispute resolution provider that offers arbitration as set forth in thissection. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are inconflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online atadr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutralarbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of theparty seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Anyhearing will be held in a location within 100 miles of your residence, unless you reside outside of the UnitedStates, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall givethe parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the awardrendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants youan award that is greater than the last settlement offer that the Company made to you prior to the initiation ofarbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its owncosts and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of theADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration iselected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; thespecific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve anypersonal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must beinitiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rulesfor the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rightsand liabilities of you and the Company, and the dispute will not be consolidated with any other matters orjoined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive ofall or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant anynon-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings andconclusions on which the award is based. The arbitrator has the same authority to award relief on an individualbasis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you andthe Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GOTO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall beresolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited,more efficient and less expensive than rules applicable in a court and are subject to very limited review by acourt. In the event any litigation should arise between you and the Company in any state or federal court in asuit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURYTRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of thisarbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, andclaims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those ofany other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall notprevent a party from submitting to a court of law any information necessary to enforce this Agreement, toenforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to beinvalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of noforce and effect and shall be severed and the remainder of the Agreement shall continue in full force andeffect.
Right to Waive. Any or all of the rights and limitations set forth in this ArbitrationAgreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affectany other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of yourrelationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring anindividual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitablerelief before a state or federal court in order to maintain the status quo pending arbitration. A request forinterim measures shall not be deemed a waiver of any other rights or obligations under this ArbitrationAgreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent,copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, theparties hereby agree to submit to the personal jurisdiction of the courts located within in County, California,for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in othercountries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical dataacquired from Company, or any products utilizing such data, in violation of the United States export laws orregulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaintsto the Complaint Assistance Unit of the Division of Consumer Product of the California Department of ConsumerAffairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)952-5210.
Electronic Communications. The communications between you and Company use electronic means,whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates withyou via email. For contractual purposes, you (a) consent to receive communications from Company in an electronicform; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communicationsthat Company provides to you electronically satisfy any legal obligation that such communications would satisfyif it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the useof the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as awaiver of such right or provision. The section titles in these Terms are for convenience only and have no legalor contractual effect. The word "including" means "including without limitation". If any provision of theseTerms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and theinvalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximumextent permitted by law. Your relationship to Company is that of an independent contractor, and neither partyis an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned,subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and anyattempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding uponassignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos andservice marks displayed on the Site are our property or the property of other third-parties. You are notpermitted to use these Marks without our prior written consent or the consent of such third party which may ownthe Marks.
Address: India
Email: info@digiown.com