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DIGITAL ADVISORS TERMS OF USE As of July 8, 2007 Thank you for visiting the Digital Advisors website (the “Site”). These terms of use (the “Terms of Use”) governs your use of the Site. This page contains our full User Agreement. You may wish to print this page for reference. Limited use of the Site is offered to you by Digital Advisors subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, Digital Advisors grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site. Digital Advisors reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein. 1. OWNERSHIP AND INTELLECTUAL PROPERTY 1.1. Ownership. Digital Advisors is the owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Digital Advisors for limited use pursuant to these Terms and Use. “Site Content” means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. “Site Code” means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the “Materials.” 1.2. Copyright. The Site Content and Site Code are owned by Digital Advisors and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 2007 Digital Advisors, all rights reserved. Unless expressly permitted on the Site by Digital Advisors, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the home page (www.digadvisors.com), are only permitted upon express permission from and arrangement with Digital Advisors. Any rights not expressly granted to you herein are reserved. 1.3. Trademark. “Digital Advisors,” the Digital Advisors logo, www.digadvisors.com, digadvisors.com and all other trademarks and servicemarks on the Site are trademarks and service marks belonging to Digital Advisors or its licensors (the “Digital Advisors Marks”). Any product, service, or trade name other than those owned by Digital Advisors that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Third party trademarks used on the Site are used with the permission of such trademark owners and all of their rights are reserved. Any unauthorized use of the Digital Advisors Marks or any third party trademark is strictly prohibited. 1.4. Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement: NOTICE REQUIREMENTS An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; AGENT FOR CLAIMS 2. USE OF THE SITE, GENERAL TERMS 2.1 License. Digital Advisors grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers or other authorized devices connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. No other copy or use of any portion of the Site is permissible except as specifically permitted hereunder, and the same shall constitute an act of copyright infringement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree that links to the Site are only permitted upon express permission from and arrangement with Digital Advisors. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. 2.2 Nature of Services. Digital Advisors offers its Site services for informational purposes only. Digital Advisors does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Digital Advisors is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 3. LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS 3.1 Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that Digital Advisors does not own or operate. Such hyperlinks are provided for your reference only. Digital Advisors makes no warranties or representations regarding the availability of, or the content located on or through, such sites. Digital Advisors does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on Digital Advisors web sites are directed, nor does Digital Advisors represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, Digital Advisors does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site. 3.2 Third Party Postings. This Site may contain information or advertising for third parties. Digital Advisors expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. Digital Advisors shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, Digital Advisors reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site. 3.3 “Opt-In” for special notices. Digital Advisors may periodically make special offers or communications to users of its Site. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the methods set forth on each e-mail communication that you receive from Digital Advisors. Selecting the "Opt-In" option constitutes acceptance of Digital Advisors's use of your e-mail address to send you notices pertaining to Digital Advisors, its products and services, the Site, related topics and communications on behalf of third parties. 4. PRIVACY POLICY 4.1 While the Site does not gather your name, email address or similar information about you without your knowledge or consent, the Site does permit you to voluntarily submit data about yourself so that we can provide you with requested services. This includes, without limitation, allowing users to subscribe to our e-mail newsletter by submitting user’s names and email addresses. You may also provide additional information on a voluntary basis. This information will be incorporated into our mailing database. 4.2 We will never share, sell, or rent individual personal information with anyone without your advance permission other than when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Digital Advisors, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include, however, providing your personal information for commercial purposes in violation of the commitments set forth in these Terms of Use. 4.3 Information submitted to us is available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you. 4.4 At your request, we will remove your subscription information from our files. To do so, either respond to the "unsubscribe" link in each mailing, or email your request to the firm directly at unsubscribe@digadvisors.com. 4.5 Should Digital Advisors be sold (whether or not as part of a bankruptcy proceeding), Digital Advisor’s assets and files, which may include your personal information, may be sold to the company or companies that acquire our assets. 5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY 5.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Digital Advisors does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Digital Advisors will not be stolen or otherwise surreptitiously obtained. Digital Advisors is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, Digital Advisors expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto. 5.2 SUBJECT TO THE PROVISIONS OF SECTION 5.4 HEREINBELOW, DIGITAL ADVISORS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES DIGITAL ADVISORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITAL ADVISORS DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU. 5.3 DIGITAL ADVISORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF DIGITAL ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF DIGITAL ADVISORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW. 5.5 Indemnity. You hereby agree to indemnify, defend and hold harmless Digital Advisors and its Affiliates from and against any and all liability and costs incurred by Digital Advisors or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Digital Advisors reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Digital Advisors. 6 GENERAL TERMS. 6.1 Notices. Notices by Digital Advisors to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows: (i) Electronic mail (e-mail) must be sent to Legal@Digital Advisors Digital Advisors 6.2 Governing Law/Forum Selection. These Terms of Use are governed by the laws of the State of California, USA applicable to contracts made and performed solely in the State of California, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California, USA in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site. Any summons, order to show cause, writ, judgment, decree or other process, issued by such court, may be served on you at the address which you have provided to us or personally without the state of California, and when so served, you shall be subject to the jurisdiction of such court as though the same had been served within the state of California.
6.3 Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Digital Advisors as partners or joint venturers or to constitute employment or any type of agency.
6.4 Acceptance Of Usage Rules. You agree that your use of the Site constitutes your acceptance of and agreement to use such content solely in accordance with the Terms of Use and the other terms and conditions of these Terms of Use and that any other use of the content may constitute a copyright infringement of the rights of the content owners and/or of Digital Advisors. The Terms of Use shall govern your rights with respect to the content, in addition to any other rights or remedies that the content owners may have against you. Digital Advisors reserves the right to modify the Terms of Use at any time in its sole discretion. 6.5 Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect. 6.6 Full Integration. These Terms of Use constitute the entire agreement between you and Digital Advisors related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and Digital Advisors relating to this Site. 6.7 Written Agreement. These Terms of Use constitute a written agreement between you and Digital Advisors. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. 6.8 Use in Other Locations. This site is controlled and operated by Digital Advisors from its offices in the State of California, United States of America. Digital Advisors makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. 6.9 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 6.10 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US. 6.11 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof. 6.12 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. THANK YOU FOR VISITING DIGITAL ADVISORS. |
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