Businesses accessing or using the DI Sites
Termination and Website Modification
DI may change the DI Sites, including eliminating or discontinuing any content on or feature of the DI Sites, at any time and in its sole discretion. DI may also terminate your access to and use of the DI Sites or any portion thereof, immediately, in the event DI determines, in its sole discretion, that you have breached any of the terms and conditions of this Agreement or any applicable laws, rules or regulations, or at any time for any reason without cause.
In the event your registration is required by any or all of the DI Sites, you agree to (i) provide accurate, current and complete information about yourself as prompted by the respective service registration process, and (ii) to maintain and update your information to keep it accurate, current and complete. You may update your registration information through your account page on the applicable DI Site.
As part of the registration process, you must choose a username and password. DI may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by DI in its sole discretion. This agreement is personal to you and you agree not to provide access to your account or the DI Sites to any third party. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account.
Fees and Credit Card Policy
Due to the nature of certain portions of the DI Sites, in some cases you may be required to pay a fee to use and access the DI Sites. DI will always notify you in advance of your obligation to pay any fees for you access or use of the DI Sites. Prior to incurring any obligation to pay new or additional fees for any portion of the DI Sites you are currently using, you will be given the opportunity to discontinue your access or use of the DI Sites prior to incurring any such payment obligations. Perpetual free access and use of the DI Sites is not guaranteed. DI reserves the right to charge fees to you for you access or use of the DI Sites. Furthermore, DI reserves the right to modify, increase or decrease such established fees in anyway and at any time. DI may process the collection of fees on behalf of certain third parties you may elect to interact with on or via the DI Sites. In the event elect to do so, you hereby authorize DI to process the collection of the applicable fees applicable to such interaction and you understand that, unless otherwise specifically stated on the applicable DI Site at the time of your election, all such fees are non-refundable for any reason whatsoever, including you desire to cancel or abandon your interaction with any third party. Fees will be billed automatically to the credit card account designated by you to DI (or to such card as you may subsequently designate to DI by furnishing updated account information). You hereby represent and warrant that the credit card information you furnish to DI is accurate and current and that you have full right and permission pay the designated application fees with such credit card.
You agree to pay all fees and other charges incurred in connection with your username and password, or such other personal identifier you furnish the time of purchase, at the rates in effect when the charges were incurred. DI shall have the right to recover from you all reasonable expenses incurred in connection with collecting overdue amounts, including, but not limited to reasonable collection costs and attorney’s fees. You are responsible for any fees or other charges incurred to access or use the Service through an Internet access provider or other third-party service. DI reserves the right to terminate this Agreement and your access to the DI Sites and services for any reason without cause and DI only liability therefore shall be to subsequently reimburse you for any specific fees collected by DI with respect to services not actually rendered by DI.
Copyright and Limitations on Use
The content displayed on the DI Sites (the “Content”) is the property of DI or its licensors and is protected by copyright and other intellectual property laws. The Content includes for example, stories, tools, calculators, RSS feeds and other items displayed on the site. The DI Sites and the Content may only be used for your personal and noncommercial use. You agree not to reproduce, create similar or derivative works from, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content to anyone, including, but not limited to others in the your company or organization, without the express prior written consent of DI.
The DI Sites include facts, views, opinions and recommendations of individuals and organizations deemed of interest. DI and its Content licensors are not giving you personal, financial, or professional advice. DI and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations or advocate any personal or business decision by you. You should always seek the assistance of an experienced professional for advice on your personal, financial, and business decisions.
The DI Sites provide general financial information designed to educate broad segments of the public. DI Sites’ interactive features are an educational and informational service designed to help users identify, among other things, employment and educational strategies that can help them meet their personal and business goals. They do not take into account all of the unique circumstances that may affect your decisions, and nothing contained herein should be considered personalized advice that is tailored to your individual needs. The results obtained by using these features should not serve as the sole or primary basis for making your decisions. You should consult your own personal and professional advisors to develop a personalized plan that takes into account your individual needs and circumstances.
You may not violate or attempt to violate the security of the DI Sites, including by, without limitation (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the DI Sites, overloading, conducting “denial of service attacks”, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited email, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the DI Sites. Violations of system or network security may result in civil or criminal liability. DI will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Disclaimer or Warranties and Liability
Due to the number of sources from which content in the DI Sites is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the DI Sites.
THE DI SITES, THE CONTENT ON THE DI SITES OR AVAILABLE THROUGH THE DI SITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE DI SITES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DI AND DISCO INC. AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS (“DI PARTIES”) HEREBY SPECIFICALLY DO NOT WARRANT AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH AND APPEARING ON THE DI SITES.
THE DI PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. THE DI PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE DI SITES, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE DI SITES AND ANY CONTENT THROUGH THE DI SITES.
IN NO EVENT WILL THE DI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON OR IN CONNECTION WITH SUCH CONTENT OR THE DI SITES. THE DI PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE CONTENT CONTAINED ON THE DI SITES OR AVAILABLE THROUGH THE DI SITES, OR ANY PRODUCT OR SERVICE PURCHASED OR ACCESSED THROUGH THE DI SITES.
ALL CLAIMS FOR DAMAGES MUST BE ASSERTED WITHIN THREE (3) MONTHS OF SUCH SPECIFIC OCCURRENCE (OR LAST IN A SERIES OF SPECIFIC OCCURRENCES) TO WHICH THEY RELATE OR YOU HEREBY AGREE THEY WILL BE FOREVER BARRED.
YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU MAY NOW OR LATER HAVE TO RECOVER FROM THE DI PARTIES ANY EXPENSES, COST OR FEES INCURRED BY YOU IN RELATION TO OR ARISING FROM ANY CLAIM OR AWARD AGAINST DI IN ANYWAY, INCLUDING, BUT NOT LIMITED TO, COLLECTION COSTS AND ATTORNEY’S FEES, COSTS OR DISBURSEMENTS.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then the DI Parties’ liability will be limited to the fullest possible extent permitted by applicable law.
Forums, Chat Rooms, Blogs, Videos and Other User Generated Postings; Social Networking
Furthermore, all information (including, personal identifiable information) contained in any Postings will be handled separately from information DI collects from you or you furnish to DI in connection with visiting or registering with DI Sites or information you elect to submit for the purpose of forwarding such specific information to a third party at your direction (e.g., potential employer or school). You hereby acknowledge and agree that by engaging in any Postings you are thereby granting DI the UGC License below with respect to such Postings.
You agree to be fully responsible for your own Postings and agree to access and use the Forums at your own risk on an as-is basis. DI cannot and does not guarantee that it will post display or continue to display Postings you or other users submit to the Forum. Also, DI reserves the right to edit or abridge Postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Postings, in whole or in part, in the sole discretion of DI.
You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that DI has no obligation to monitor or delete any such Postings.
Please be aware that DI does not and cannot monitor all of the Postings made to the DI Sites, and therefore DI will not be responsible for the content of any Postings. DI has no obligation to verify the accuracy of anypersonally identifying information that is posted to the DI Sites. However, DI does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the DI business and websites. If DI elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will DI be liable for any inaccuracy or defect in any Postings. DI also expects all users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
- that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person’s explicit consent;
- that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
- that contain your own or a third party’s advertising, branding or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- that restrict or inhibit any other user from using and enjoying the DI Sites or the services offered on them;
- that do not relate to the subject matter of the Forum;
- that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another’s computer;
- that advertise or promote any goods or services in the Forums. This includes, among other things, “junk mail”, “spam”, “chain letters”, and “pyramid schemes;”
- that conduct contests or distribute chain letters through the Forums; or
- that violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation.
Because DI does not monitor the Postings, you agree to use and rely on them at your own risk. DI cannot and does not make any representation or warranty about the material contained in the Postings. DI likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will DI be liable for any activity or injury that may occur.
Links to Third Party Sites
The DI Sites contain hyperlinks to websites operated by persons other than DI. Such hyperlinks are provided for your reference and convenience only. You agree not to hold DI responsible for the content or operation of such websites. A hyperlink from the DI Sites to another website does not imply or mean that DI endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from the DI Sites.
The DI name, tradenames, trademarks and logos, and all related product and service names, design marks and slogans (collectively, the “DI Marks”) are the trademarks, service marks or registered trademarks of DI or its affiliates. The DI Marks may not be used in any manner without the prior written consent of DI. All other products and service marks contained on the DI Sites are the trademarks of their respective owners. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by DI. Product and service information of third parties are the sole responsibility of each individual third party and you agree not to look to DI for any errors or omissions or other reason with respect to such information as supplied to DI by those third parties.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, the DI Sites have designated an agent to receive notices of claims of copyright infringement: DMCA Copyright Administrator, DISCO International, Inc., 19 West 44th Street, Suite 404, New York, NY 10036; telephone: 212-382-0025; fax: 212-382-2390 Email:email@example.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content;
- Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DI may give notice to our users that DI has received a notice of infringement by means of a general notice on our sites, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature
- Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing Content or an agent of such person.
DI reserves the right to terminate access to our sites of any user who DI believes in its sole discretion infringes the proprietary rights of any third party.
For reprint requests for any of the Content on the DI Sites or owned or distributed by DI, please contact DI via the following webpage messaging portalhttp://www.discointer.com/en/contact.
DI and the DI Sites are hosted and located in the United States. DI makes no representation that content or services furnished within or through the DI Sites are appropriate or available for use in other locations of the world. Those who choose to access the DI Sites from other locations do so at their own risk, and are responsible for compliance with all applicable local laws.
Transfer to U.S.
Transfer outside of the U.S.
DI Parties, their affiliates, or service providers may transfer information that DI collects about you or you furnish to DI, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, please note that DI may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Miscellaneous Legal Terms
This Agreement contains the final and entire agreement between DI and you regarding your access or use of the DI Sites and services furnished within or through the DI Sites and supersedes all previous and contemporaneous oral or written agreements regarding your use of the DI Sites.
This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. DI may sell, assign, transfer, or delegate any right or duty hereunder to DISCO, Inc. or any affiliate of DI or DISCO Inc. without notice. Except as set forth herein with respect to the DI Parties, no other third party is a beneficiary of this Agreement.
If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law.
You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed exclusively in accordance with the laws of the United States and the State of New York applicable to agreements executed and wholly performed therein, without any regard to any conflict of laws principals. You agree that any dispute arising out of or relating to this Agreement shall be resolved by litigation instituted and prosecuted in the courts of competent jurisdiction of the State of New York located in New York County, and you irrevocably submit to the exclusive jurisdiction of said courts and waive any rights to object to or challenge the appropriateness of said forums. You agree to accept service of process by mail pursuant to the notice provisions hereunder and waive any and all objections to venue, jurisdiction or service of process.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.