| Terms of Service

Terms of Service

D1 Spects Terms of Service

The D1 Spects Site (the “Site”) is an online information service provided by D1 Spects (“D1 Spects “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. D1 Spects MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. REGISTRATION AND ACCOUNTS
To access and use the site or some of the materials available hereon, you may be required to create an account (or “register”) with us. When you create an account, this allows access and participation of additional benefits on the site. If you register a D1 Spects account, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. We have the right to terminate you account if we believe you have misrepresented your identity including using another person’s username, password or other account information. You are responsible for maintaining the confidentiality of your account information and agree to take responsibility for any unauthorized use of such information. Should you discover any unauthorized use of your username, password, or other account information, you agree to immediately notify D1 Spects of such unauthorized use.

2. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are D1 Spects, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to D1 Spects a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to D1 Spects by all means and in any media now known or hereafter developed. You also grant to D1 Spects the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against D1 Spects for any alleged or actual infringement or misappropriation of any proprietary right in your communications to D1 Spects.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of D1 Spects. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by D1 Spects, D1 Spects does not operate, control or endorse any information, products or services on the Internet in any way. Except for D1 Spects- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with D1 Spects a. You also understand that D1 Spects cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. D1 Spects PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND D1 Spects SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. D1 Spects DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. D1 Spects HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, UNDER ANY LEGAL THEORY, SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY D1 Spects OR ANY THIRD PARTY, NOR SHALL WE BE LIABLE TO YOU OR ANYONE UNDER ANY LEGAL THEORY FOR ANY OF THE ABOVE-MENTIONED DAMAGES THAT RESULT FROM THE CONDUCT OR ACTIONS OF ANY USER OF THE D1 Spects SITE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SAID DAMAGES. NOTHWITHSTANDING THE FOREGOING, IN NO EVENT SHALL D1 Spects’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE OR ITS MATERIALS. WE RESERVE THE RIGHT TO ALTER OR DELETE THE CONTENT ON D1 Spects AT ANY TIME IN OUR SOLE DISCRETION WITHOUT LIABILITY.

4. Indemnification.

You are solely responsible for all activities that occur under any and all accounts you have with D1 Spects. You agree to be solely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s).

You hereby agree to indemnify, defend, and hold harmless D1 Spects, and their respective officers, directors, employees, agents, licensors, licensees, distributors, representatives, third-party providers to the site as well as any other authorized users from and against any and all losses, expenses, damages, liabilities and costs (including any costs associated with legal action or expenses for investigating or defending any actions or threatened actions) in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the site and/or your account(s). You will use your best efforts to cooperate with us in the defense of any claims against us. We reserve the right to assume, at our own expense, the exclusive defense and control of any matter, otherwise subject to indemnification by you, whereupon you will fully cooperate with us in the defense of any claims against us.

5. VENUE
This Site is controlled and operated by D1 Spects from its offices in Columbus Mississippi, in the United States of America and you agree that these terms of use shall be governed by and enforced in accordance with the laws of the State of Mississippi. Should any action brought by you, D1 Spects or a third party in connection with any matters related to the site, you hereby consent and submit to the personal jurisdiction of either the Federal or State Courts located in Fulton County, Georgia.

6. Third Party Rights.

The provisions of these terms are for the benefit of D1 Spects and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between D1 Spects and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. D1 Spects’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. D1 Spects may assign its rights and duties under this Agreement to any party at any time without notice to you.

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