Terms of Service

ACCEPTANCE OF TERMS

When you, the purchaser or user of data provided by DigitalStakeout®, (“Customer”) use DigitalStakeout products or services  (collectively, the “Service”), then Customer agrees to the following terms and conditions (the “Use Agreement”). DigitalStakeout Inc. (“DigitalStakeout” or “We”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.

WITH ANY USE OF SERVICE, CUSTOMER IS INDICATING CUSTOMER AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.

The Use Agreement is applicable to TRIAL, ACTIVE, or TERMINATED Customers.

ACCESS TO THE SERVICE

Customer is responsible for all activity under the Service account. Customer must safeguard the password and email address Customer use to access the Service. Customer authorizes DigitalStakeout to assume that any user using the Service with Customer email address and password either is authorized to act for Customer. Customer agrees to immediately notify us of any unauthorized use of Customer account. DigitalStakeout may limit who may use your account.

CUSTOMER RESPONSIBILITIES

Customer agrees to provide accurate and current information when using the Service. Customer will not impersonate any person or entity; misrepresent Customer affiliation with a person or entity; or, misrepresent the origin of any content distributed through the Service. Customer will not, nor will Customer permit or assist others to, use the Service for any unlawful purpose or for any purpose other than that for which they are intended. Customer warrants and represent that Customer has the legal right to possess, use or view any and all electronic data Customer transmits utilizing Service, and that such data does not infringe a third party’s intellectual property rights or rights of publicity or privacy.

NO DISRUPTION

Customer agrees not to disrupt the functioning of the Service or act in a way that interferes with other users using the Service. Nor will Customer post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. Customer agrees not to access, tamper with or use non-public or non-authorized areas of this web site. Unauthorized individuals attempting to access these areas on the site will be subject to prosecution.

DISCRETION OVER CONTENT, USE, STORAGE, AND OPERATION OF SERVICE

We may edit, move, or delete any content in the Service (including content or communications that Customer have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce this Use Agreement, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of DigitalStakeout, its users, or the public, or (e) administer the Service.

We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

TERMINATION

Customer may terminate this Use Agreement at any time by contacting customer service or by sending written notice to, DigitalStakeout Inc. at 5400 Laurel Springs Pkwy, Suite 1105, Suwanee, GA, USA.

DigitalStakeout will send Customer an email confirmation once Customer account has been cancelled. A termination fee of 50% of the remaining unbilled balance will be due at termination (i.e. a cancellation at the end of month 4 on a 12 month contract will result in a cancellation fee applicable to 4 months of billing.)

DigitalStakeout reserves the right to suspend or terminate Customer account, in whole or in part, or prohibit Customer further use of the Service, at any time. Upon termination of Customer account for any reason, Customer will have no right to use the Service and We may delete any data pertaining to Customer account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of Customer membership.

INTELLECTUAL PROPERTY AND COPYRIGHT

All materials associated to Service including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by DigitalStakeout or owned by other parties who have licensed their intellectual property to DigitalStakeout. DigitalStakeout, and all other derivations of the “DigitalStakeout” mark appearing on this web site are trademarks and/or service marks of DigitalStakeout Inc. and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.

Customer may not disclose, sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use the Service in any way for any public or commercial purpose without prior written consent of DigitalStakeout or the rights holder. Customer may not use the Service on any other web site or in a networked computer environment for any purpose except Customer’s own personal viewing. If Customer violates any of these terms, Customer permission to use the Service will automatically terminate. Customer agrees not disclose DigitalStakeout “reputation data sources” (Third party data partners referenced in Service) to ANY party while service is active and for a period of two (2) years after the Service has been terminated.

LINKS

Service web sites may contain links to other web sites or resources. Customer acknowledges and agrees that DigitalStakeout is not responsible for the content available on any other Internet sites linked from this web site. DigitalStakeout is providing these links to other Internet sites as a convenience to users. Access to any other Internets sites linked to this web site is at Customer own risk. The inclusion of any link does not imply We recommend or endorse the linked site.

INDEMNITY

Customer agrees to defend, indemnify, and hold harmless DigitalStakeout, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, loss or damages, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Customer use of the Service, including without limitation claims against DigitalStakeout for unsatisfactory performance of services listed on the web sites governed by this Use Agreement, or Customer violation of this Use Agreement.

LIMITATION OF LIABILITY

NEITHER DIGITALSTAKEOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITALSTAKEOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM CUSTOMERR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL DIGITALSTAKEOUT’S LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THE SERVICE EXCEED THE AMOUNT PAID BY CUSTOMER TO DIGITALSTAKEOUT FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to Customer.

If Customer use of the Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.

DISCLAIMER OF WARRANTIES

Customer use of the Service is at Customer’s sole risk, and Customer agrees to assume all risks and responsibilities for the selection of the Service to achieve Customer desired results. The Service is provided on an “as is” and “as available” basis. DigitalStakeout disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. DigitalStakeout will make reasonable efforts to maintain the Service, however, DigitalStakeout is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to Customer sharing of access to the Service, or other interaction with the Service. DigitalStakeout makes no warranty that (1) the Service will meet Customer requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by Customer through the Service will meet Customer expectations, and (5) any errors in the Service will be corrected. Any material downloaded or otherwise obtained through the Service is done at Customer own discretion and risk and Customer are solely responsible for any damage to Customer computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by Customer from DigitalStakeout or through or from the Service shall create any warranty not expressly stated in this Use Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to Customer.

NOTICES

Customer authorizes DigitalStakeout to send notices to Customer, at DigitalStakeout’s discretion, via electronic mail, postal mail, or by posting them on this web site. It is Customer responsibility to check for updates to this Use Agreement.

GENERAL TERMS

This Use Agreement, including the documents referenced by and incorporated into this document, constitutes the entire agreement between Customer and DigitalStakeout and governs Customer use of the Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. Customer also may be subject to additional terms that may apply when Customer use affiliate or other DigitalStakeout services, third-party content, or third-party software. Customer are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to Customer and Customer may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of DigitalStakeout. Any attempt by Customer to assign, transfer or delegate this Use Agreement without the express written permission of DigitalStakeout shall be null and void. This Use Agreement and any registration for or subsequent use of the Service will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and DigitalStakeout.

This Use Agreement will be governed by the law of Georgia, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Use Agreement will be submitted to binding arbitration in Forsyth County, Georgia, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute Customer may have with respect to the Service must be commenced within one year after it arises, or the cause of action is barred.

The section titles in this Use Agreement are for convenience only and have no substantive effect.