Effective November, 14, 2014; Last Updated November, 3, 2021
TERMS OF SERVICE
Welcome to odysys.com and the Digital Arbitrage application operated by DIGITAL ARBITRAGE, INC (“Digital Arbitrage”). Please read these Terms of Service before using Digital Arbitrage, Inc. products, Software, services or websites (“Digital Arbitrage Services”). We also encourage you to read our Privacy Statement to understand our data processing practices. The Terms of Service constitute a binding agreement between you and Digital Arbitrage. By using any Digital Arbitrage Service(s) you, on behalf of yourself and any entity you represent (if any), agree to be bound by these Terms of Service, including other terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you by Digital Arbitrage, or in connection with your use of Digital Arbitrage Services, from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). If you do not agree to the Terms, please do not use the Digital Arbitrage websites, applications, or any Digital Arbitrage Services. Users who violate the Terms may have their access to and use of Digital Arbitrage Services suspended or terminated, at the discretion of Digital Arbitrage.
MODIFICATION TO THESE TERMS OF SERVICE
We may update these Terms of Service from time-to-time in our discretion, and the latest version will be posted on the Digital Arbitrage websites and application. Accordingly, you should visit this page periodically to review the most current Terms of Service. You can determine if these Terms of Service have been revised since your last visit to or use of an Digital Arbitrage Service by referring to the last updated date. In addition, if you have provided us your email address through an Digital Arbitrage Service, we may, at our discretion, also notify you of such changes via the email address you have provided to us. Your use of Digital Arbitrage Services following such revisions constitutes your acceptance of and agreement to these Terms of Service, as revised by us. The revisions will be effective upon posting, unless some other date is specified.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION AND CONTENT OF DIGITAL ARBITRAGE SERVICES
Digital Arbitrage is not responsible if any information or content available on Digital Arbitrage Services is not accurate, complete, or current. Digital Arbitrage reserves the right to modify its websites and any content at any time without notice, but has no obligation to update its websites or its content. It is your responsibility to monitor changes to the Digital Arbitrage Services. There may be times when Digital Arbitrage Services, content, or certain features or parts of an Digital Arbitrage Service become unavailable on an unscheduled basis. We will not be liable to you for any temporary or permanent withdrawal, modification, unavailability, suspension, or discontinuance of an Digital Arbitrage Service or any content or service available through Digital Arbitrage.
Customer support is provided by telephone and email, Monday through Friday, between 8AM and 5PM Pacific Time. Technical support requests relating to errors in, or the improper functioning of, the services is provided at no cost by Digital Arbitrage. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the services, based on Digital Arbitrage’ then-current pricing at the time of such request.
USE OF SERVICES
Digital Arbitrage, its subsidiaries and affiliated companies (“Digital Arbitrage”) offer services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Digital Arbitrage Services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Digital Arbitrage of any unauthorized use of your password or account or any other breach of security. Digital Arbitrage cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. You are further responsible for all software, hardware, services (such as internet service), and other equipment necessary to access and use the Digital Arbitrage Services, including all related expenses, if any. Although we attempt to prevent viruses and other malicious software from being passed along through Digital Arbitrage Services, you agree that protection of your own software, personal computer, and other devices from malicious software is your responsibility.
You agree to use Digital Arbitrage Services only for lawful purposes. Specifically, and for the avoidance of doubt, you acknowledge, understand, and agree that Digital Arbitrage is not an owner, lessor, or operator of a place of lodging, and is not responsible for, nor will Digital Arbitrage provide you any legal advice related to, any industry specific legal compliance related to your business, website, or users. You further acknowledge, understand, and agree that if your use of Digital Arbitrage Services requires you to comply with any specific industry related legal, regulatory, or compliance obligations, including but not limited to the Americans with Disabilities Act (“ADA”), you are solely responsible for compliance with any such legal or regulatory obligations. You agree that you will not use the Digital Arbitrage Services in any manner that would subject Digital Arbitrage to any industry specific laws or regulations without first obtaining Digital Arbitrage’ express written consent. In addition to the indemnification obligations set forth below, you agree to be responsible for any and all losses, liabilities, expenses, damages (direct or consequential), and costs, including reasonable attorneys’ fees and court costs, incurred by you, Digital Arbitrage, or other Digital Arbitrage users, arising or resulting from your use of Digital Arbitrage Services in violation or non-compliance with your industry specific legal or regulatory obligations, if any.
You agree not to take any action that might compromise the security of Digital Arbitrage Services, render Digital Arbitrage Services inaccessible to others, or otherwise cause damage to Digital Arbitrage Services or content. You agree not to use Digital Arbitrage Services in any manner that might interfere with the rights of third parties. You agree not to use Digital Arbitrage Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with Digital Arbitrage Services. You agree not to attempt to access data or materials not intended for you, and not to test the vulnerability of our network and/or security systems or otherwise breach or circumvent our security in any way.
You understand that all information, data, text, email, listings, software, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. Digital Arbitrage reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify, move or remove any Content available via Digital Arbitrage Services. You understand that by using Digital Arbitrage Services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Digital Arbitrage Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Digital Arbitrage Services and for any consequences thereof. You agree to use Digital Arbitrage Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Digital Arbitrage Services or servers or networks connected to Digital Arbitrage Services.
In addition to this agreement, your use of some specific Digital Arbitrage Services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
DIGITAL ARBITRAGE’ RIGHTS
You acknowledge and agree that Digital Arbitrage Services and any necessary Software used in connection with Digital Arbitrage Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Digital Arbitrage Services or Software, in whole or in part except as specifically authorized in a separate written agreement except as expressly authorized by Digital Arbitrage or other proper third party rights holders.
Subject to the Terms, Digital Arbitrage grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Digital Arbitrage in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Digital Arbitrage Services. You agree not to access Digital Arbitrage Services by any means other than through the interface that is provided by Digital Arbitrage for use in accessing Digital Arbitrage Services except as specifically authorized in a separate written agreement. Except as expressly authorized by Digital Arbitrage you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Digital Arbitrage’ or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Digital Arbitrage Services or Software.
Digital Arbitrage claims no ownership or control over any Content submitted, posted or displayed by you on or through Digital Arbitrage Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Digital Arbitrage Services and you are responsible for protecting those rights, as appropriate.
YOUR SUBMITTED CONTENT
Subject to our Privacy Statement, as applicable, by submitting, posting or displaying Content on or through Digital Arbitrage Services which are intended to be available to the members of the public, you grant Digital Arbitrage a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Digital Arbitrage Services for the purpose of displaying, distributing and promoting Digital Arbitrage Services. Digital Arbitrage reserves the right to syndicate Content submitted, posted or displayed by you on or through Digital Arbitrage Services and use that Content in connection with any service offered by Digital Arbitrage. Digital Arbitrage furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. Notwithstanding the above, you acknowledge and agree that Digital Arbitrage has no obligation to use your name or otherwise attribute any of your submitted Content to you.
You agree, warrant, and represent that and any and all disclosures, comments, suggestions, ideas, and other Content submitted or published by you through or on any Digital Arbitrage Services (i) are exclusively owned or controlled by you; (ii) are accurate and do not violate the rights of, or cause injury to, any third party, including without limitation any third-party copyright, trademark right, right of privacy, right of publicity or other personal or proprietary rights; (iii) are not illegal, obscene, defamatory or threatening; and (iv) do not contain viruses. You must not use any false email address or other contact information, impersonate any person or entity, or otherwise mislead as to the origin of your Content.
GRANT OF LICENSE
This License Agreement (License) permits you to use a single login. The Software is licensed as a single product, to an individual user, or group of users. The Software is in use on a computer when it is accessed via web browser, a user logs in, or the software is hyperlinked from any source.
LIMITATIONS OF LICENSE
Except as expressly set forth in this Agreement, no rights are granted to do any of the following, and you shall not cause or allow anyone else, to do any of the following: (i) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (ii) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, (iii) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying or use. Additionally, you agree to never use crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the listing content on your own or any other accounts in the system. You acknowledge that we may block access to our servers and/or membership and if discovered your account will be immediately terminated without prior notice.
You hereby agree as follows: (i) you shall not use the Services for “spamming,” as determined by Digital Arbitrage in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify Digital Arbitrage immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iv) you shall not use the services for any unlawful purpose; (v) you shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Digital Arbitrage, exposes Digital Arbitrage or any of its customers or suppliers to any liability or detriment of any type; and (vi) you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the services, and you shall be responsible for all charges related thereto.
SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Digital Arbitrage will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Digital Arbitrage Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Digital Arbitrage Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Digital Arbitrage has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Digital Arbitrage Services. You acknowledge that Digital Arbitrage may have set no fixed upper limit on the number of transmissions you may send or receive through Digital Arbitrage Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
MODIFICATIONS TO SERVICE
Digital Arbitrage reserves the right at any time and from time to time to temporarily or permanently modify or discontinue Digital Arbitrage Services (or any part thereof) with or without notice. You agree that Digital Arbitrage shall not be liable to you or to any third party for any modification, suspension or discontinuance of Digital Arbitrage Services.
Payment on services will be due upon activation of your Digital Arbitrage account credentials. Credit cards will be billed on or around the same day of the month in which your account credentials were originally established. (For example, if your account was activated on the 25th of the month, your credit card would be billed on or around the 25th of the next month and the months to follow). Services and charges will continue on a month-to-month basis, unless otherwise stated in this agreement. Once payment has been collected, refunds are not available.
In the event that you may choose to cancel services with Digital Arbitrage, please provide notice prior to your monthly billing date, as detailed above. This payment is for active service for the entire monthly billing cycle, whether the user logs on or not. There will be no pro-rated refunds for accounts terminated before the end of the monthly billing cycle. Service cancellations must be received via email, or phone. This contact information can be found at odysys.com. Cancelled accounts will automatically be terminated at the end of the billing cycle, as long the request is received prior to the monthly billing date, as explained above. Your account will remain active until automatically terminated by the billing program. There will be no cancellation fee for this, nor will there be a refund for any unused service until the end of the billing cycle, as your account will remain active until that time. Non-usage of an account is not proof of cancellation of service. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice.
You may discontinue your use of Digital Arbitrage Services at any time with thirty (30) days written notice. You agree that Digital Arbitrage may at any time and for any reason, including a period of account inactivity or a violation of the Terms, terminate your access to Digital Arbitrage Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Digital Arbitrage Services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive expiration or termination.
Digital Arbitrage Services may provide, or third parties may provide, links to other World Wide Web sites or resources, including those of our business partners. Digital Arbitrage may have no control over such sites and resources and you acknowledge and agree that Digital Arbitrage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Digital Arbitrage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
We reserve the right to publish new customer signups and positive feedback at our website and other public forums, such as news websites, blogs and other industry specific websites. If you do not want us to quote your positive experiences or announce your use of our service you must notify us in advance. If notice is received after initial publication date, we will remove any notices generated from these said announcements promptly on odysys.com. You shall indemnify and hold harmless Digital Arbitrage, its affiliated companies and third-party vendors against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to these announcements.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DIGITAL ARBITRAGE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS, (COLLECTIVELY “DIGITAL ARBITRAGE AND PARTNERS”) FROM AND AGAINST ANY AND ALL SUITS, JUDGMENTS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES (ACTUAL OR CONSEQUENTIAL) AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, COURT COSTS AND EXPENSES, ARISING OR RESULTING FROM, OR IN ANY WAY RELATED TO, YOUR (I) USE OF DIGITAL ARBITRAGE SERVICES, OR ANY CONTENT OR INFORMATION CONTAINED THEREIN, (II) VIOLATION OF THE TERMS OR BREACH OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES IN THESE TERMS OF SERVICE, (III) NEGLIGENT OR WILLFUL MISCONDUCT, (IV) SUBMISSIONS YOU MAKE OR ANY OTHER ACTIONS CONNECTED WITH USE OF DIGITAL ARBITRAGE SERVICES, OR (V) YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR ANY THIRD PARTY’S RIGHTS, INCLUDING BUT NOT LIMITED TO, COPYRIGHT INFRINGEMENT, TRADE SECRET MISAPPROPRIATION, HARM TO A THIRD PARTY’S TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS, VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, VIOLATION OF ANY THIRD PARTY PRIVACY RIGHT OR RIGHT OF PUBLICITY, UNAUTHORIZED USE OR BREACH OF ANY THIRD PARTY’S PERSONAL OR CONFIDENTIAL INFORMATION, OR ANY CLAIM OF DEFAMATION, LIBEL OR SLANDER. IN SUCH A CASE, DIGITAL ARBITRAGE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.IF YOU CAUSE A TECHNICAL DISRUPTION OF ANY DIGITAL ARBITRAGE SERVICES OR ASSOCIATED SYSTEMS SUPPORTING THE PROVISION OF THE SERVICES TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION. DIGITAL ARBITRAGE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH DIGITAL ARBITRAGE IN THE DEFENSE OF SUCH MATTER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF DIGITAL ARBITRAGE SERVICES IS AT YOUR SOLE RISK. DIGITAL ARBITRAGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL ARBITRAGE AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT.DIGITAL ARBITRAGE AND PARTNERS DO NOT WARRANT THAT (I) DIGITAL ARBITRAGE SERVICES WILL MEET YOUR REQUIREMENTS, (II) DIGITAL ARBITRAGE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE SITE OR SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF DIGITAL ARBITRAGE SERVICES WILL BE ACCURATE OR RELIABLE, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DIGITAL ARBITRAGE SERVICES WILL MEET YOUR EXPECTATIONS, OR (VI) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED.ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED OR TRANSMITTED THROUGH THE USE OF DIGITAL ARBITRAGE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BY USING DIGITAL ARBITRAGE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DIGITAL ARBITRAGE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (I) THE USE OF SUCH SERVICES AND/OR RELATED CONTENTS; OR (II) EMAILS SENT FROM DIGITAL ARBITRAGE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL ARBITRAGE OR THROUGH OR FROM DIGITAL ARBITRAGE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGITAL ARBITRAGE AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITAL ARBITRAGE OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE DIGITAL ARBITRAGE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DIGITAL ARBITRAGE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DIGITAL ARBITRAGE SERVICES; OR (V) ANY OTHER MATTER RELATING TO DIGITAL ARBITRAGE SERVICES. NOTWITHSTANDING THE ABOVE, AND SUBJECT TO THE EXCLUSIONS AND LIMITATIONS DESCRIBED BELOW, DIGITAL ARBITRAGE AND PARTNERS AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF DIGITAL ARBITRAGE SERVICES IS LIMITED TO $100.00.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Digital Arbitrage may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Digital Arbitrage Services. Any notice sent to you by email will be deemed received when sent. We may also communicate with you by posting notices on Digital Arbitrage Services, and any such notice shall be deemed received when you visit such services after we post such a notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice that you send to Digital Arbitrage must be sent by mail to the following address or to such other address as we provide in a notice to you or through the Digital Arbitrage Services:
Digital Arbitrage, Inc. 3033 5TH Ave Ste 100 San Diego, CA, 92103-5828 United States
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Digital Arbitrage and govern your use of Digital Arbitrage Services, superseding any prior agreements between you and Digital Arbitrage for the use of Digital Arbitrage Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Digital Arbitrage Services, partner services, third-party content or third-party Software.
CHOICE OF LAW AND FORUM
The Terms and the relationship between you and Digital Arbitrage shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Digital Arbitrage agree to submit to the personal and exclusive jurisdiction of the courts located within Deschutes County, Oregon.
WAIVER OF SEVERABILITY AND TERMS
The failure of Digital Arbitrage to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
Copyright © 2021 Odysys, Inc. All Rights Reserved.