{"id":9397,"date":"2019-02-18T20:59:11","date_gmt":"2019-02-18T12:59:11","guid":{"rendered":"https:\/\/www2019.dash.org\/?page_id=9397"},"modified":"2021-08-12T18:11:04","modified_gmt":"2021-08-12T18:11:04","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/wp.dash.org\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"
Revision Date: May 7, 2019<\/p>\n
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For more information or if you have any questions about these terms of use, please contact us at contact@dash.org<\/a>.<\/p>\n 1. Acceptance of Terms of Use <\/strong><\/p>\n These terms of use are entered into by and between You and Dash Core Group, Inc., (\u201cCompany<\/u>\u201d, \u201cwe<\/u>\u201d or \u201cus<\/u>\u201d). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these \u201cTerms of Use<\/u>\u201d or \u201cAgreement<\/u>\u201d), govern your access to and use of www.dash.org<\/a>, including any content, functionality, and services offered on or through www.dash.org<\/a> (the \u201cSite<\/u>\u201d), whether as a guest or a registered user.<\/p>\n Please read the Terms of Use carefully before you start to use the Site. By accessing, browsing, subscribing to, and using the Site or by using associated content, such as any forum, or any customizations made to the services provided or offered by Company via the Site (collectively, the \u201cServices<\/u>\u201d), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Use, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Site or any of the Services.<\/p>\n You acknowledge that the Services may be made by (i) certain of the Company\u2019s subsidiaries and affiliates; and\/or (ii) independent third-party providers.<\/p>\n The material provided through our Site and the Services is protected by law, including, but not limited to, United States copyright law and international treaties. The Site and the Services are controlled and operated by Company from its offices within the United States.\u00a0 Company makes no representation that materials on the Site and in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site and the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.<\/p>\n 2. Changes to the Terms of Use<\/strong><\/p>\n Information provided on the Site and via the Services may be changed or updated without notice. Company may also make improvements and\/or changes in the Services described in this information at any time without notice. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.<\/p>\n 3. Accessing the Site, Registration, Accounts, and Passwords<\/strong><\/p>\n We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.<\/p>\n You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.<\/p>\n To access the Site 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 Site that all the information you provide on the Site is correct, current, and complete. We may terminate your access to our Site and to the Services if we learn that you have provided us with false or misleading registration data.\u00a0 You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Statement at www.dash.org\/privacy\/<\/a>, and you consent to all actions we take with respect to your information consistent with our Privacy Statement<\/p>\n If you choose, or 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 other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not.\u00a0 Company cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement. You agree to notify us immediately of any unauthorized access to or 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.<\/p>\n We have the right to disable any user name, password, or other identifier, 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 violated any provision of these Terms of Use.<\/p>\n If you have opted in to receive special offers from Company via email, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at contact@dash.org<\/a>. By opting in to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways.<\/p>\n 4. Use Restrictions and Intellectual Property<\/strong><\/p>\n The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (\u201cCompany Content<\/u>\u201d) is owned by the Company, its licensors, or other providers of such material (collectively, and individually, \u201cCompany Content Providers<\/u>\u201d) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content obtained from or through Company without Company\u2019s permission.<\/p>\n You will not upload, post or otherwise make available on the Site or via the Services, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.<\/p>\n The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.<\/p>\n 5. Availability<\/strong><\/p>\n Information that Company publishes on the Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Company intends to announce such products, programs or services in your country. Consult Company for information regarding the products, programs and services which may be available to you.<\/p>\n 6. Disclaimer of warranties <\/strong><\/p>\n THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.\u00a0 INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.\u00a0 ALL INFORMATION IS PROVIDED BY COMPANY ON AN \u201cAS IS\u201d BASIS ONLY.\u00a0 COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK.\u00a0 COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.<\/p>\n YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.\u00a0 COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE.\u00a0 COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS.\u00a0 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.\u00a0 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.<\/p>\n This Site may include content or offerings provided by third parties or through third party links, including materials provided by other users, bloggers, third party service providers, third party licensors, syndicators, aggregators, and\/or reporting services. All statements and\/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or services provided by any third parties. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.<\/p>\n You must independently evaluate any information, products, or services found on the Site or available through the third party links, and individually assess, based on your own due diligence, how to use or apply any information, products, or services.<\/p>\n 7. Limitation of Liability<\/strong><\/p>\n YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:\u00a0 (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.\u00a0 YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY\u2019S REASONABLE CONTROL.<\/p>\n IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.\u00a0 BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.<\/p>\n 8. Transmissions, User Contributions and Content Standards<\/strong><\/p>\n Any material, information, or idea you transmit to or post on the Site or through the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing its services. Notwithstanding the foregoing, all personal data provided to Company will be handled in accordance with Company\u2019s Privacy Statement, available at www.dash.org\/privacy\/<\/a>. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.<\/p>\n The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, \u201cInteractive Services<\/u>\u201d) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, \u201cpost<\/u>\u201d) content or materials (collectively, \u201cUser Contributions<\/u>\u201d) on or through the Site.]<\/p>\n Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. By posting any materials or other information on or through the Interactive Services, you grant Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.<\/p>\n You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.<\/p>\n We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.<\/p>\n We have the right to:<\/p>\n We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.<\/p>\n 9. Prohibited Uses <\/strong><\/p>\n You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:<\/p>\n 10. User Communications<\/strong><\/p>\n You agree that Company may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Company account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Company at any time, either by texting the word \u201cSTOP\u201d using the mobile device that is receiving the messages, or by contacting contact@dash.org<\/a>. If you do not choose to opt out, Company may contact you as outlined in its Privacy Statement, located at www.dash.org\/privacy\/<\/a>.<\/p>\n Company may, in its sole discretion, create referral and\/or promotional codes (“Promo Codes<\/u>“) that may be redeemed for discounts on future Services and\/or a Third Party Provider’s services, or other features or benefits related to the Services and\/or a Third Party Provider’s services, subject to any additional terms that Company establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Company; (iii) may be disabled by Company at any time for any reason without liability to Company; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Company determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Company\u2019s Terms of Use.<\/p>\n 11. Indemnification<\/strong><\/p>\n You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys\u2019 fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site\u2019s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.<\/p>\n 12. Governing law and dispute resolution<\/strong><\/p>\n This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles).\u00a0 The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution.\u00a0 All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.<\/p>\n ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.<\/p>\n 13. Waiver and Severability <\/strong><\/p>\n No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.<\/p>\n If any provision of these Terms of Use 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 of Use will continue in full force and effect.<\/p>\n 14. Digital Millennium Copyright Act (\u201cDMCA<\/u>\u201d) Notice.<\/strong><\/p>\n If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the address below. It is the policy of the Company to terminate the user accounts of repeat infringers. In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party\u2019s copyright to remain on the Site.\u00a0 If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:<\/p>\n All DMCA notices should be sent to our designated agent as follows:<\/p>\n Copyright Administrator\n
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\nWeiss Brown
\n6263 North Scottsdale Road, Suite 340
\nScottsdale, AZ 85250<\/p>\n