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Terms of Use
DAKCS Software Systems, Inc.

Last modified: March 31, 2017

IMPORTANT – READ CAREFULLY.  THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE) SET FORTH THE LEGAL AGREEMENT BETWEEN YOU AND DAKCS SOFTWARE SYSTEMS, INC. RELATING TO YOUR ACCESS TO AND USE OF THIS WEBSITE.

BY ACCESSING THE WEBSITE, YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND THEREBY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

These Terms of Use set forth the legal agreement between DAKCS Software Systems, Inc., a Utah corporation (“DAKCS”, “we”, “us” or similar derivatives), and you relating to your use of and access to www.dakcs.com, including all related web pages and content contained therein, provided by DAKCS (collectively, the “Website”). DAKCS may revise and update these Terms of Use from time to time in DAKCS’s sole discretion. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Your Access to and Use of the Website

By accessing or using this Website you represent and warrant that you are over the age of eighteen (18) years old (or such other age of majority recognized under applicable law).

Subject to your compliance with the terms, conditions and restrictions set forth in these Terms of Use, DAKCS grants to you a personal, non-exclusive, non-sublicenseable, non-transferable, limited right to access and use the Website on the terms, conditions and restrictions set forth in these Terms of Use.

We reserve the right to withdraw or amend this Website, and any service or content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including you. You are responsible for making all arrangements necessary for you to have access to the Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify DAKCS of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (d) to impersonate or attempt to impersonate DAKCS or any other person; (e) to engage in any other conduct that restricts or inhibits any use or enjoyment of the Website, or which, as determined by DAKCS, may harm DAKCS, any customer or vendor of DAKCS, or any other user of the Website.

Additionally, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with the authorized use of the Website; (b) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the content on the Website; (c) use any manual process to monitor or copy any of the content on the Website or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Website; (e) introduce any viruses, trojan horses, worms, logic bombs or other item which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DAKCS, its licensors or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Website, except to: (a) store copies of such content temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Website for your personal, permitted use.

You must not: (a) modify copies of any content from the Website; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of content from the Website.

You must not reproduce, sell or exploit for any commercial purposes: (a) any part of the Website, (b) any access to the Website or (c) any use of the Website or any services or information available through the Website.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the content you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The DAKCS name, DAKCS.com, and all related names, logos, product and service names, designs and slogans are trademarks of DAKCS or its affiliates or licensors. You must not use such marks without the prior written permission of DAKCS. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Privacy Policy

You hereby agree to DAKCS’s Privacy Policy (to view the Privacy Policy, click here) and acknowledge that it applies to your access to and use of the Website and any and all information provided by, or collected from, you relating to your access to and use of the Website. The terms and conditions of the Privacy Policy are hereby incorporated into these Terms of Use.

Reliance on Information Contained in the Website; Disclaimers

Any and all information presented on or through the Website is made available solely for general information purposes.

YOU ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) DAKCS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE WEBSITE, OR (II) THE BUSINESS, PRODUCTS, SERVICES, OR OTHER OFFERINGS OF ANY VENDOR OTHER THAN DAKCS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE WEBSITE BY YOU IS DONE SO AT YOUR OWN RISK.

Links to Vendors’ and Other Third Party Sites; Disclaimers

The Website may contain links to other sites, resources and information provided by vendors and other third parties (collectively, “Third Party Sites”), including links (such as advertisements, banner ads, and sponsored links) to Third Party Sites embedded or otherwise contained on co-branded vendor pages on the Website. Links to these Third Party Sites are provided solely as a convenience to you, and the Third Party Sites are not a part of the Website. DAKCS does not operate, own or control the Third Party Sites. You acknowledge and agree that your access to and use of the Third Party Sites is subject solely to the applicable terms and conditions of use (including, without limitation, privacy policies), if any, of the Third Party Sites. Neither these Terms of Use nor DAKCS’s Privacy Policy apply to any access to or use of any Third Party Sites by you. If you decide to access or use any Third Party Sites, you do so entirely at your own risk.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) DAKCS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, OR VENDOR, OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE FROM ANY OF THE FOREGOING; (B) DAKCS AND ITS AFFILIATES DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF). OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR OWN RISK.

Additional Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

DAKCS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY SITE LINKED TO IT.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS.” DAKCS, ITS AFFILIATES AND THE SPONSOR DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING (I) ANY WARRANTIES REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, OR (III) THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR (III) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DAKCS OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY THIRD PARTY SITES, (II) ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY THIRD PARTY SITE, OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED TO YOU BY ANY THIRD PARTY SITE OR ANY VENDOR, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless DAKCS and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website.

Geographic Restrictions

DAKCS is based in the State of Utah in the United States, and the Website is provided from location(s) within the United States. This Website is intended for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any conflict of law principles thereof.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

Any waiver by DAKCS of any term or condition of these Terms of Use must be in writing. No waiver of these Terms of Use by DAKCS shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of DAKCS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, including the Privacy Policy (which is incorporated herein by this reference), constitute the sole and entire agreement between you and DAKCS with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

If you have any comments, requests for technical support and other feedback relating to the Website, please contact us at support@dakcs.com. Subject to any applicable restrictions under the Privacy Policy, DAKCS will be free to use such feedback on an unrestricted basis.

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