High Tech Marketing Solution, Inc. d/b/a Dispatch Locksmith Service(â€œDLSâ€�) operate the website located at www.locksmithservice.us. We collect information from people seeking locksmith services and provide it to independent locksmiths who can provide the services sought. Among other things, DLS offers web-based tools.
For purposes of this Terms of Service:
These Terms will remain in full force and effect as long as you are a user of our services and, in the event of termination of any service or feature, you will still be bound by your obligations under these Terms, and User Agreements (as defined herein).
LDS complies with all applicable laws and regulations, including all applicable licensing and regulatory requirements.
LDS does not work for, and is not an employee of, Google or its affiliates. Each member of the LDS team is properly classified and paid according to the applicable employment laws.
As locksmith services can vary in price, a range of typical prices is displayed, which should be the minimum and maximum total costs that a customer may expect to pay.
The services presented are currently available.
By accessing the Site and/or using the Services, you agree to be bound by all of the provisions of the Terms of Service (the â€œTOSâ€�, â€œtermsâ€�, or â€œTermsâ€�). IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THE TOS, OR IF YOU ARE NOT ELIGIBLE, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE OR USE THE SERVICES.
This TOS provides that all disputes between you and DLS will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17.3 (â€œDispute Resolutionâ€�) for the details regarding your agreement to arbitrate any disputes with DLS.
As used in the TOS, the terms â€œyouâ€� and â€œyourâ€� mean each individual or entity that accesses, browses or uses the Site and/or the Services in any manner. If you are accessing the Site and/or using the Services on behalf of an entity, you represent and warrant to DLS that you have the authority to bind the entity you represent to the TOS. Your agreement to this TOS will be treated as the agreement of the entity you represent.
DLS may modify the TOS or add or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the Site. Your use of the Site or the Services following any such posted modification, addition or deletion constitutes your agreement to be bound by and your acceptance of the TOS as so modified. It is therefore important that you review the TOS regularly. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THE MODIFIED TOS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND/OR USE THE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE DOING SO.
You may only use the Site and the Services if you are at least 18 years of age. If you are under the age of 18 or under the age of majority in the jurisdiction in which you are located, you may not use the Site and Services. DLS may terminate your access to and use of the Site and the Services without warning if it determines that you do not meet the foregoing eligibility requirements.
INDIVIDUALS REPRESENTING CORPORATIONS, ENTITIES, INSTITUTIONS, ORGANIZATIONS AND ANY SUCH LEGAL ENTITY MUST BE BONAFIDE EMPLOYEES, MANAGERS, DIRECTORS, OWNERS, AGENTS OF THE MENTIONED ENTITY, OR OTHERWISE BE A CONTROL PERSON AND HAVE SUCH AUTHORIZATION AS TO ENABLE THE NATURAL PERSON AND THE NONNATURAL PERSON HE OR SHE REPRESENTS TO ENTER INTO THIS AGREEMENT.
Subject to your compliance with the Agreement, DLS hereby grants to you a limited, non-transferable, non-exclusive right to access and use its proprietary, commercially available, hosted software product and related documentation via a Web-browser for use during the term of the Agreement. DLS hosts and retains control over the software and only makes it available for access and use by you over the Internet through a Web-browser. Nothing in this Agreement obligates DLS to deliver or make available any copies of computer programs or code from the software to you, whether in object code or source code form. You may not rent, lease, distribute, or resell the software, or use the software as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the software.
In order to access or use certain Services you may become a â€œRegistered Userâ€� by creating an account (an â€œAccountâ€�) and choosing a password that you will use to access your Account. By registering, you represent and warrant to the Company that all registration and other information you submit to or through the Site is truthful, accurate, current and complete, and you agree to immediately provide corrected information if any of the submitted information shall no longer be truthful, accurate, current and complete. In the event that you provide information that is inaccurate or not current and want to amend it, you can contact us at firstname.lastname@example.org.
You further represent and warrant that your use of the Site and the Services does not violate any applicable laws, rules or regulations. Without limiting any of DLS's other available legal remedies, if you provide any registration or other information that is untrue, inaccurate, or incomplete, or DLS has reasonable grounds to suspect that such is the case, DLS may immediately, and without notice to you, suspend or terminate your Account and refuse any and all use by you of the Site and the Services. Your registration on the Site and your use of the Site and the Services are void where prohibited.
We reserve the right to restrict, suspend or terminate your access and refuse any and all current or future use of the Services (or any portion thereof).
You are solely responsible for safeguarding the confidentiality of your password and for any and all use of your Account and password, whether or not authorized by you. Although DLS will not be liable for any of your losses that are caused by any unauthorized use of your Account, you may be liable for the losses of DLS or others due to such unauthorized use. If you suspect any unauthorized use of your Account or unauthorized access to your password, please contact DLS immediately at email@example.com. You do not have the right to transfer your Account to any individual or entity and DLS reserves the right to remove or reclaim your Account if DLS determines, in its sole discretion, that such action is appropriate under the circumstances. You agree that you will not create an Account for any individual other than yourself (or, if applicable, the entity you represent). As a Registered User, you agree that DLS may electronically provide you (via email or postings or links on the Site) with invoices, documents, notices and other communications regarding the Site, the Services and/or your use thereof, as well as special offers, promotions, commercial advertisements, marketing materials, etc. You agree that DLS may send the foregoing communications to you via your Account or any email address(es) which you provide to DLS as part of your Account registration or otherwise.
6.1.1. You agree that you will use the Services solely in a manner consistent with this Agreement and the DLS mission described above. You assume all risk when using the Site and the Services, and you acknowledge that the Company cannot guarantee and does not promise any specific results from your use of the Site and the Services.
6.1.2. While some of the Services provided may relate to skilled trades, licensed trades or technical services, you acknowledge that there is no professional relationship between you and DLS.
6.1.3. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where DLS is not authorized to provide such information or services. Some products and services described in the Site may not be available in all jurisdictions or to all users.
6.1.4. You represent and warrant to DLS that: you own all rights in and to the content posted by you on, through or in connection with the Site or the Services (â€œUser Contentâ€�), or otherwise have all the rights, power and authority legally required to grant DLS the rights in your User Content pursuant to the TOS and User Agreements; and the posting of your User Content on or through the Site does not violate the TOS or violate the privacy rights, publicity rights, intellectual property rights (including, without limitation, copyrights and trademarks), contract rights or any other rights of any person or entity, whether or not such person or entity is depicted or appears/performs in your User Content. You agree that you are solely responsible for the User Content that you post on or through the Site and any material or information that you transmit to other users of the Site or the Services.
6.2 You agree that DLS has the right to perform all technical functions necessary to offer the Services, including, but not limited to, processing and transmitting email communications to and from you, and transcoding and/or reformatting your User Content. You do not have the right to use, copy or distribute any of the content posted on the Site, except as expressly authorized by the TOS and User Agreements. Any violation by you of the forgoing prohibitions may result in the termination of your Account and your right to use the Site and the Services.
6.3 Your Conduct When Using the Site and the Services
6.3.1. As a condition of your access to the Site and use of the Services, you are prohibited from taking any action that would violate the content and conduct standards set forth in Section 6 below. In addition and not in limitation of the prohibited actions set forth in Section 6 below, you agree that you will not (a) employ any device, scheme, or artifice to defraud or (b) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
6.3.2. DLS reserves the right, but is under no obligation or duty, to at any time, and without notice, monitor activity on the Site to determine compliance with the TOS or to comply with any law, regulation or authorized government request. You hereby specifically agree to such monitoring. In the event that DLS does monitor the Site or the Services, DLS makes no representation or warranty that DLS will take any action whatsoever in connection with any of the monitored activities and DLS assumes no liability with respect thereto.
6.4 Your Interactions with Other Users
6.4.1. DLS uses various techniques to verify the accuracy of the information provided by users. However, in view of the limitations in verification on the Internet, DLS cannot confirm the identity of users. We encourage you to use the various tools and content available on the Site, as well as elsewhere, to evaluate the users with whom you are dealing.
6.4.2. You acknowledge that there are risks of dealing with other users acting under false pretenses, and you assume the risks of liability or harm of any kind in connection with transactions of any kind relating to goods and/or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of information about a user, an independent contract, a professional, services, a business, breach of warranty, breach of contract, and violation of third-party rights and consequent claims. You agree that DLS shall not be liable or responsible, and hereby release and hold harmless DLS, for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any transactions with others using the Site or using information obtained from DLS or through the Site.
As a condition of your access to the Site and use of the Services, you are prohibited from (i) posting, uploading, exhibiting, communicating or distributing content which violates any applicable laws, rules or regulations or which DLS, in its sole and absolute discretion, deems to be inappropriate and (ii) engaging in conduct which violates any applicable laws, rules or regulations or which DLS, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content and prohibited conduct include, without limitation, the following:
DLS is committed to protecting your information and privacy when you use our services. However, by using our services, you acknowledge that any information that transmitted over the internet or stored in DLS systems could be exposed to security risks such as being viewed by third parties or used in unlawful activity. DLS disclaims all liability, to the fullest extent permitted by law, to you, in the event that this occurs. Accordingly, please be advised that if you use the Site or Services, you hereby agree to release and waive any right to make a claim against DLS arising from any of the above conditions or circumstances.
In the ordinary course of business, DLS may respond to requests from users seeking information or connection service to a locksmith. These responses may be in one of the following forms, including verbal communication, text messaging, direct telephone calls by, email, mobile application messaging or chats, or any other medium that may be appropriate for conducting business. In the event of such responses, DLS disclaims any liability and gives no guarantee of the accuracy of any business information or entity contained in the Services, including but not limited to the availability of any special offer(s) set out in any listing.
DLS reserves the right to charge fees for use of the Site or specific Services, and may change the fees that it charges. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. You agree that, in addition to all other amounts payable under the TOS, you are responsible for paying all sales, use, value added or other taxes - federal, state or otherwise - however designated, that are levied or imposed by reason of your use of the Site and the Services. DLS will charge the payment method you specify at the time of purchase. You authorize DLS to charge all sums as described on the Site for the Services you select, to that payment method. If you pay any fees with a credit card, DLS may seek pre-authorization of your credit card account prior to your transaction to verify that the credit card is valid and has the necessary funds or credit available to cover your transaction.
If modifications or changes to rates and charges are made and the user is in disagreement with the new terms, he or she is disallowed from continuing to use the service because continued use shall be construed as an acceptance of the new offer. You agree that, in the event that DLS commences collection activities against any user for services rendered including but not limited to indemnity charges, you shall be responsible for any costs incurred including reasonable attorneys' fees.
10.1 DLS Proprietary Property.
The Site and the Services are and contain proprietary property/content of DLS (such as logos, copyrights, trademarks, technology, processes, etc.) (â€œDLS Proprietary Propertyâ€�) which may be protected by copyright, trademark, patent, trade secret and other laws. DLS owns and retains all rights in and to the DLS Proprietary Property. Trade names and logos of DLS are trademarks of DLS. DLS hereby grants you a limited, revocable, nonsublicensable license to display and/or utilize the DLS Proprietary Property solely for your use in connection with using the Site and the Services for the purposes (if any) authorized by the User Agreement. Except as explicitly permitted in the TOS or User Agreements, you do not have the right to use the DLS Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the DLS Proprietary Property. Except as expressly provided by the TOS, your use of the DLS Proprietary Property is strictly prohibited.
10.2 Third Party Content, Third Party Proprietary Property and Websites.
The Services may contain third party proprietary property or Third Party Content provided by third party DLS licensors (such as logos, copyrights, trademarks, etc.) (â€œThird Party Proprietary Propertyâ€�). Unless otherwise expressly provided by the TOS, your use of the Third Party Proprietary Property is strictly prohibited.
Third Party Content accessed or available through the Website or the Internet may be owned by parties other than you or us (collectively, â€œThird Party Contentâ€�) and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms and Conditions grants you any right, title or interest in or to this Third-Party Content except for the limited right to use the Website as set out in these Terms and Conditions. The Website may contain links to Third Party Content on websites operated by parties other than you or us (â€œThird Party Websitesâ€�). We are under no obligation to verify the accuracy of the contents on Third Party Websites, and we do not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third-Party Websites or the operators of them.
10.3 Use of Proprietary Property
Unless expressly provided by the TOS, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any DLS Proprietary Property, any Third Party Proprietary Property or any other content appearing on or through the Site. You acknowledge that DLS is not responsible for, does not control and makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any content. DLS does not endorse any content on the Site or any statement, opinion, suggestion or advice contained therein, and DLS expressly disclaims any and all liability in connection therewith. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Site. You further understand and agree that in the course of your use of the Site and the Services, you may be exposed to content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive, any legal or equitable rights or remedies you have or may have against DLS with respect thereto.
10.4 Use License to Any Product or Service
Permission is granted to temporarily download a copy of the material information or software product on DLSâ€™ website for personal, non-commercial, transitory viewing only. Only a temporary, revocable license is granted, not a transfer of title, and under this license you may not:
DLS reserves the right to immediately terminate such license without further notice to you, your company, organization or firm, if you violate any of the above restrictions. DLS may also terminate or revoke the license at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
DLS specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Site or the Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is DLS's policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers.
11.2 DMCA Notification.
If you are a copyright owner or an agent thereof and believe that any content made available via the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (â€œDMCAâ€�) by providing DLS's copyright agent (â€œCopyright Agentâ€�) with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit DLS to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. The contact information for the Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, High Tech Marketing Solution, Inc. d/b/a Dispatch Locksmith Service, 3610 N. 46th Avenue, Hollywood, FL 33021, email: firstname.lastname@example.org.
If you feel that any of your content was improperly removed or made unavailable to other users, please contact DLS's Copyright Agent via the contact information set forth above.
The Site and the Services may contain links to independent third-party websites and/or services (collectively, â€œLinked Sitesâ€�). The Linked Sites are not under DLS's control, and DLS does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Sites. By accessing a Linked Site, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Linked Sites and to determine on your own whether or not you will have any interaction with any of the Linked Sites. DLS encourages you not to provide any personally identifiable information to any Linked Site unless you know and are comfortable with the party with whom you are interacting. You agree that DLS is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Site or the Services.
The DLS Service provides a platform for third party applications, websites and services to make available services to you for the purpose of data analytics or market research, such as Google AdSense and Google Analytics (â€œThird Party Applicationsâ€�). By using our services, you acknowledge and agree to the use of these Third Party Applications hence you bind yourself to their terms and policies. As much as we are dedicated to protecting our userâ€™s information, safety and privacy, you understand and agree that DLS is not responsible or liable for the behavior, conduct, features, access, or content of any Third Party Application or Third Party Content.
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered by you through the Site and the Services or in response to solicitations made through the Site or the Services (collectively, â€œFeedbackâ€�) is entirely voluntary and shall be deemed to be non-confidential and shall forever remain the sole property of DLS. You understand and acknowledge that DLS has both internal and external resources which may have developed, or may in the future develop, ideas, content, programming, etc. identical to or similar to your Feedback and you agree that DLS will not incur any obligation or liability to you or otherwise as a result of (i) any such similarities or (ii) DLS's review of any of the Feedback. DLS shall exclusively own, throughout the universe in perpetuity, and you hereby irrevocably assign, all rights of every kind and nature (whether currently existing or hereafter developed) in and to the Feedback and DLS shall be entitled to unrestricted use of the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation and/or submission to DLS of the Feedback. You hereby waive any and all of your rights of droit moral and similar rights with respect to the Feedback.
THE SITE AND THE SERVICES, AND ALL OF THE CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK AND MATERIALS POSTED ON OR PROVIDED BY OR THROUGH THE SITE OR THE SERVICES ARE PROVIDED ON AN â€œAS ISâ€� AND â€œAS AVAILABLEâ€� BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK AND MATERIALS OFFERED AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK OR MATERIALS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT DLS DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR THE, INFORMATION, COACHING, ADVICE AND/OR FEEDBACK SERVICES GIVEN THROUGH THE SITE OR THE SERVICES. DLS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE FOREGOING CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK OR MATERIALS.
DLS IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF DLS. UNDER NO CIRCUMSTANCES SHALL DLS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOS OR USER AGREEMENTS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOS OR USER AGREEMENTS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE).
DLS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. DLS IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. DLS DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE SITE OR THE SERVICES AND DLS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. DLS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT DLS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
THE MATERIALS ON THE SITE ARE PROVIDED â€œAS ISâ€�. DLS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, DLS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
DLS MAKES NO WARRANTY THAT:(1) THE SERVICE WILL MEET YOUR NEEDS,
IN NO EVENT SHALL DLS, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITE OR THROUGH THE SITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF DLS SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THROUGH THE SITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE SITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY LIMITATION OF LIABILITY IN THIS TOS OR ANY OTHER USER AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, BUT NO LIMITATION OF LIABILITY IN ANY USER AGREEMENT IS INTENDED TO LIMIT THE RIGHTS OF ANY PERSON UNDER FEDERAL AND STATE SECURITIES LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DLS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE DLS SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DLST OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE â€œEXCLUDED DAMAGESâ€�).
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DLS SERVICE, THE THIRD-PARTY APPLICATION OR THE THIRD-PARTY CONTENT IS TO STOP USING ANY OF THE DLS SERVICES. PROVIDED THAT NOTHING IN THESE TERMS REMOVES OR LIMITS DLSâ€™S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS.
You may terminate your account at any time by contacting DLS at email@example.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of this TOS, your permission from DLS to use the Services will terminate automatically. In addition, DLS may in its sole discretion terminate your user account for the Site or Services or suspend or terminate your access to the Site or Services at any time for any reason or no reason, with or without notice. DLS also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
17.1 Governing Law; Venue and Jurisdiction; Waiver of Jury Trial.
The User Agreements shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. If a lawsuit or court proceeding is permitted under a User Agreement, then you and DLS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Broward County, Florida for the purpose of litigating any dispute. EACH OF YOU AND DLS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH ANY USER AGREEMENT. FURTHER, EACH OF YOU AND DLS HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND DLS ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO THIS TOS.
17.2 Disputes With Other Users.
You are solely responsible for your interactions with users of the Site and the Services, and any other parties with whom you interact on or through the Site, the Services and/or the Linked Sites. DLS reserves the right, but has no obligation, to become involved in any way with these disputes.
17.3 Dispute Resolution.
17.3.1. Generally. In the interest of resolving disputes between you and DLS in the most expedient and cost effective manner, and except as described in Section 17.3.2, you and DLS agree that every dispute between you and any DLS affiliate arising in connection with the User Agreements will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of any User Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this TOS. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TOS, YOU AND DLS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.3.2. Exceptions. Despite the provisions of Section 17.3.1, nothing in any User Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) to file suit in a court of law to address an intellectual property infringement claim; or (e) pursue any available remedies under federal or state securities law.
17.3.3 Arbitrator. Any arbitration between you and DLS will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, â€œAAA Rulesâ€�) of the American Arbitration Association (â€œAAAâ€�), as modified by this TOS, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DLS.
17.3.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (â€œNoticeâ€�). DLS's address for Notice is: High Tech Marketing Solution, Inc. d/b/a Dispatch Locksmith Service, 3610 N. 46th Avenue, Hollywood, FL 33021. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (â€œDemandâ€�). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DLS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DLS must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, DLS will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DLS in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.
17.3.5. Fees. If you commence arbitration in accordance with this TOS, DLS will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Broward County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DLS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
17.3.6 No Class Actions. YOU AND DLS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DLS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
17.3.7 Modifications to this Arbitration Provision. If DLS makes any future change to this arbitration provision, other than a change to DLS's address for Notice, you may reject the change by sending us written notice within 30 days of the change to DLS's address for Notice, in which case your account with DLS will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.3.8. Enforceability. If Section 17.3.6 is found to be unenforceable or if the entirety of this Section 17.3 is found to be unenforceable, then the entirety of this Section 17.3 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.1 will govern any action arising out of or related to any User Agreement.
Except for Section 17 above, DLS reserves the rights to change, modify, add or remove all or any part thereof these Terms of Service, at any time of its choosing. DLS may not change Section 17 in any way during the pendency of your relationship with DLS, and Section 17 survives in full, any actual or alleged termination of any relationship between you and DLS. If DLS modifies or updates Section 17 while you still have a relationship with DLS, then the version of Section 17 of these Terms that was effective when you agreed to these Terms is the applicable version. The foregoing terms are set forth herein to ensure there is no finding that Section 17 is, or could be interpreted as being, illusory in any way. Prior notice will be issued whenever such changes are made. The revised terms of service shall take effect on the date indicated in the notice. If you disagree with all or part of the revised terms, you are required to discontinue using DLS services.
Continued use shall be construed as an acceptance to be bound by the revised terms and shall not at any time be subject to a waiver.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE WEBSITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES ARISING OR RESULTING FROM THAT DISRUPTION. EXCEPT FOR INTENTIONAL OR RECKLESS ACTS OR GROSS NEGLIGENCE ON THE PART OF THE DLS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND ASSIGNEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, STOCKHOLDERS, MEMBERS, AGENTS, PARTNERS AND EMPLOYEES (THE â€œDLS INDEMNITEESâ€�), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DLS INDEMNITEES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS OR OTHER PROCEEDINGS BROUGHT BY OR ON BEHALF OF ANY THIRD PARTY, AND TO INDEMNIFY AND HOLD THE DLS INDEMNITEES HARMLESS AGAINST ANY LOSSES, LIABILITIES AND OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES), IN ANY CASE ARISING OUT OF OR RELATED TO (I) YOUR ACCESS TO AND/OR USE OF THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SITE AND THE SERVICES IN CONNECTION WITH ANY TRANSACTION IN SECURITIES; (II) A VIOLATION OR BREACH BY YOU, OR ANY USER OF YOUR ACCOUNT, OF ANY PROVISION OF THE TOS OR USER AGREEMENTS, INCLUDING, WITHOUT LIMITATION, A BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES OR AGREEMENTS SET FORTH IN THE TOS AND USER AGREEMENTS, IF ANY; AND/OR (III) ANY CONTENT THAT YOU POST ON OR THROUGH THE SITE OR THE SERVICES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE FOLLOWING THE TERMINATION OF YOUR USE OF THE SITE AND THE SERVICES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DLS INDEMNITEES HARMLESS AGAINST ANY CLAIM FOR DAMAGES, LOSSES OR ANY COSTS, INCLUDING ATTORNEYSâ€™ FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SERVICE.
DLS has the right to assign the User Agreements and/or its rights thereunder, in whole or in part, to any third party. You do not have the right to assign the User Agreements, except if and to the extent explicitly permitted in the TOS or User Agreements. The failure of DLS to exercise or enforce any right or provision of the User Agreements shall not operate as a waiver by DLS of such right or provision. The section titles in the User Agreements are for convenience only and have no legal or contractual effect. The User Agreements operates to the fullest extent permissible by law. If any provision of the User Agreements are held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provision (i) is deemed severable from the User Agreements and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect and (ii) shall be limited or eliminated to the minimum extent necessary to comply with the applicable law. DLS reserves all rights in and to the Site, including the Services and the other content posted thereon, unless otherwise expressly provided by this TOS. DLS reserves the right to modify or discontinue any aspect of the Services at any time without prior notice and without any liability to you.
In the event that a provision in these Terms of Service is held to be illegal, invalid or incapable of being enforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement. However, this will not affect the validity or enforce ability of other provisions and the Agreement will thus be deemed amended to the extent of curing the ambiguity, illegality, validity or unenforceability.
You are a self-directed investor who is individually responsible for determining the suitability of your investment decisions. DLS is not responsible for the investment decisions made by you or on your behalf. DLS is not responsible for the strategies, actions or inactions taken with respect to your DLS Investments. DLS is not responsible for the gains or losses you incur. The employees, agents and representatives of DLS are not authorized to give you investment advice, and any instructions you receive from DLS with respect to DLS Investments will be limited to technical or administrative guidance.
You assume individual responsibility for determining the suitability of all investment decisions and strategies you make or implement. You must base your investment decisions upon all information reasonably available to you and your own assessment of risks and rewards. You are solely responsible for knowing the rights and terms for all investments you make in DLS Investments.
For further information related to the risks associated with DLS Investments, refer to the Investor Agreement.
All rights reserved.