DAKCS Software Systems, Inc.
Last Modified: March 31, 2017
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).
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.
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.
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.
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
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.
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
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
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