Before accessing or using this Website, please read this Policy. By accessing or using this Website, registering for an account, browsing the Services, or clicking to accept or agree to the Policy when this option is made available to you, you acknowledge that you have accepted and agreed to be bound by this Policy. Accepting and agreeing this Policy creates a contractual relationship between you and The Digital Market Place. Accepting and agreeing to abide by this Policy, however, does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and The Digital Market Place, LLC. If you disagree with any of the stated terms and conditions, you may not access or use this Website.
Information We Collect About You and How We Collect It
Information You Provide to Us
Any information provided by you while using our Services is subject to being collected. Information that you provide by filling in forms on our Website. This includes information by which you may be personally identified, such as name, postal address, e- mail address, telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information”).
Records and copies of your correspondence (including email addresses), if you contact us.
Our Website may require you to provide financial information before placing an order. Information posted on public areas of the Services or transmitted to other users of the Services or third parties.
Information We Collect Through Automatic Data Collection Technologies
- Details of your visits to our Website, including browsing actions, traffic and location data, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address,operating system, and browser type.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information helps us to deliver quality services by enabling us to:
- Anticipate the size and usage patterns of Service users.
- Customize our Website according to your individual interests.
- Contact you about information, products, or services that may be of interest to you.
- Provide notices about changes to our Services or your account.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection purposes.
Information and Third Parties
Personal Information may be disclosed to third parties to support our business, including contractors, service providers, and other third parties we use to support our business during the course of dealing. Personal Information may also be provided to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We do not control third parties’ collection or use of your information; however, these third parties may provide you with ways to choose not to have your information collected or used in this way.
Interactions with Users and Third Parties
You may have the ability to communicate, interact, or otherwise connect with other individuals who have a The Digital Market Place Account, LLC (“Account holders”) through our Website or Services. It is your responsibility to take precautions when sharing any information about yourself with another Account holder, Service user, or anyone else, and you release us from any liability that may arise out of your interactions with another Account holder, Service user, or anyone else involving our Services.
The Services may permit you to link to other websites, or use other services or resources on the internet (“Third Party Services”). When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such Third Party Service.
Changes to these terms
We may make changes to these Terms from time to time. Whenever the changes we are making are material to you, we will attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you. Your continuous use of Services following any effective changes regarding our Services serves as your acceptance of the changes.
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 requirements for anti-virus protection and accuracy, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH 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, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE DIGITAL MARKET PLACE, LLC NOR ANY PERSON ASSOCIATED WITH THE DIGITAL MARKET PLACE, LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE DIGITAL MARKET PLACE, LLC NOR ANYONE ASSOCIATED WITH THE DIGITAL MARKET PLACE REPRESENTS OR WARRANTS 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 OUR SITE 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE DIGITAL MARKET PLACE, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE DIGITAL MARKET PLACE, LLC’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO THE DIGITAL MARKET PLACE, LLC DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
Limitation on Liability
We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we cannot guarantee that any or all features will always work, or that our Services will be continuously available.
We are constantly working to improve our Services for all our users. We may update or change available functionality at any time.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE DIGITAL MARKET PLACE, LLC, OUR AFFILIATES, OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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
You agree to defend, indemnify, and hold harmless The Digital Market Place, LLC, our affiliates, our licensors, and service providers, ours and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your Resources, Feedback Communications, Posts (as defined in our Terms and Condition), any use of the Website’s content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Governing Law and Consent to Jurisdiction
These Terms shall be governed by the laws of the State of Delaware, without regard to its without regard to its conflict of laws rules, except to the extent preempted by federal laws. You hereby consent and agree to submit to the exclusive jurisdiction and venue of any state or federal court in Delaware in any proceedings hereunder, and each hereby waive any objection to any such proceedings based on improper venue, forum non-conveniens, or similar principles.
You hereby further consent and agree to the exercise of such personal jurisdiction over you by such courts with respect to any such proceedings, waive any objection to the assertion or exercise of such jurisdiction and consent to process being served in any such proceedings in the manner provided for the giving of notices hereunder.
At The Digital Market Place LLC’s sole discretion, it may require You to submit any disputes arising from these Terms, Services, or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law in a venue located within the State of Delaware.
Waiver and Severability
If any provision of these Terms is held by a court or other tribunal 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 will continue in full force and effect.