Description of Services
The Site provides you with access to information concerning both business and personal services offered by independent and affiliated service providers and a variety of resources, including but not limited to articles, tools and calculators, download areas, communication forums, and product information (collectively "Services"). The Services, including any modifications, deletions, updates, enhancements and new features (collectively "Site Changes") are subject to these TOU. D&A reserves the right to make any Site Changes at any time and in any manner, without prior notice.
The Services are for your personal use. Except as otherwise expressly stated, you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Children Under 13
We do not knowingly solicit data online from, or market online to, children under the age of 13.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any D & A server, or the network(s) connected to any D & A server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other usernames, computer systems or networks connected to any D & A server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials you obtain through the Services, including but not limited to, copyright or trademark notices.
Loans and Credit
NOTHING ON THIS SITE IS A PROMISE TO MAKE A LOAN. ALL DECISIONS RELATING TO EXTENDING CREDIT ARE MADE BY THE SERVICE PROVIDERS TO WHOM YOU ARE REFERRED.
D & A DOES NOT HELP YOU OBTAIN CREDIT.
No Legal Advice
D & A is not a lawyer and does not give legal advice.
Transmission of Personal Data
Registration, Password, and Security
If any of the Services requires you to login, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your username. You must notify us immediately of any unauthorized access or use of your username or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or username, either with or without your knowledge.
D & A owns this Site and owns and/or retains the rights to all text and logo appearing herein, and all such materials is protected by copyright, trademark, and other laws. Nothing in these TOU transfers any rights in such materials to you or any third party.
Special Notice - Service Providers
D & A is not responsible for the services or products offered on the Site by other service providers. We do not endorse or guarantee the content, products, or services provided by service providers and available through the Site.
The selection of a service provider included on this Web site and the transaction of business with the service provider is your sole responsibility and should be undertaken only after a thorough investigation and analysis. The service provider is solely responsible for its services to you, and you agree that D & A shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any service provider.
Where permitted by law, D & A receives fees from each service provider. In addition, some of the other companies in D & A family of companies receive fees from some service providers. Your use of this Site is your agreement with this compensation arrangement.
Special Notice - Documents Available on the Site
We grant you permission to use documents that we make available for downloading from the Site (the "Documents") provided that your use of such Documents is in accordance with these TOU.
Disclaimer of Warranties
THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, AND TOOLS), DOCUMENTS AND ALL OTHER INFORMATION OR SERVICES AVAILABLE ON THIS SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH D & A, WHICH YOU MAY VISIT THROUGH THIS SITE, ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," BY D & A, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THIS SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VIII) THAT THIS SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES AND TOOLS) OR DOCUMENTS IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY D & A TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS), AND DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. D & A AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION INTERACTIVE SERVICES AND TOOLS) AND/OR DOCUMENTS AT ANY TIME AND FROM TIME TO TIME.
Limitation of Liability
D & A SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWSOEVER CAUSED, WHETHER ARISING UNDER THESE TOU OR OTHERWISE, EVEN IF D & A WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.
IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, D & A LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.
You agree to defend, indemnify, and hold D & A, its affiliates and their officers, directors, employees, agents, contractors and service providers harmless from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney's fees and costs, arising out of or in any way related to your use of the Site, the Services (including without limitation, the Interactive Services and Tools), or the Documents including any third party claims.
A link to a Linked Site does not mean that D & A endorses or accepts any responsibility for the content, functioning or use of such Linked Site, and you enter any such web site at your own risk. You agree that D & A has no control over or liability for information on Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this Site. D & A is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
D & A prohibits unauthorized hypertext links to the Site, or the framing of the Site.
We reserve the right to discontinue providing and/or to terminate your access to the Site, the Services (including any Interactive Service and Tools), and Documents, or any portion thereof, at any time.
Governing Law and International Use
This Site is controlled by D & A from its Charlotte, North Carolina office in the United States of America. This Site only is directed to persons in the continental United States, Hawaii and Alaska, however, it may be accessed from many difference places around the world. As each of these places has laws that may differ from those of the State of North Carolina, by accessing this Site, you agree that the statutes and laws of the State of North Carolina without regard to the conflicts of laws principles. You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of this Site shall be only in the federal or state court with competent jurisdiction in the State of North Carolina. You consent to the exercise of personal jurisdiction by such courts in any such action. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Statute of Limitations
Regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of the Site must be filed within 1 year after the claim or cause of action arose or be forever barred.
1. Claims Subject to Arbitration. Upon your election or D & A election, any claim, dispute or controversy between you and D & A (or any parent, subsidiary, affiliate, predecessor, successor or assignee, or any officer, director, employee, agent or representative of you or D & A) arising from or relating to these TOU or ("Claim") shall be resolved by binding arbitration pursuant to this Arbitration Agreement, and the applicable rules in effect at the time the Claim is filed of the Administrator selected under Subparagraph (b). This includes Claims of every kind and nature, including Claims relating to the validity, enforceability or scope of this Arbitration Agreement and the remainder of these TOU; Claims relating to any advertising or promotional materials that contain information about these TOU or the Site, Services (including without limitation, Interactive Services and Tools) or Documents; initial claims, counterclaims, cross-claims and third-party claims; and Claims based upon contract, tort, fraud, misrepresentation and other intentional torts, constitution, statute, ordinance, regulation, common law, and equity. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other party or parties. D & A may not elect to arbitrate an individual Claim you bring in small claims court or your state's equivalent court, if any, unless the Claim is transferred or appealed to a different court.
2. Administrator; Arbitrator. You may select from either of the following companies as Administrator at the time you commence an arbitration or within 20 days after you commence an arbitration: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371; or American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879. If you fail to timely select an Administrator, D & A may choose one. If the selected company is unable or unwilling to serve (or stops serving) as Administrator, you will have 20 days to select a different Administrator from the above list; if you fail to select a different Administrator within the 20-day period, D & A will select one. Any arbitrator shall be a lawyer with more than 10 years of experience or a retired judge.
3. No Class Actions, etc. You may not arbitrate (or participate in the arbitration of) any Claims on a class action or class-wide basis or in a representative or private attorney general proceeding. Claims brought by or on behalf of others may not be consolidated with or arbitrated in any arbitration proceeding that is considering your Claims. Similarly, you may not join with others to bring Claims in the same arbitration proceeding.
4. Location; Fees. Any arbitration hearing you attend shall take place in the federal judicial district where you live. If you initiate or seek to initiate arbitration, and cannot obtain from the Administrator a waiver of the filing, administrative, hearing and/or other fees charged by the Administrator, upon your written request D & A will consider in good faith paying or advancing such fees on your behalf. Otherwise, each party shall bear its own arbitration fees and the expense of that party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration, unless applicable law gives a party the right to recover any of those fees or expenses from the other party.
5. Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for any appeal right under the Federal Arbitration Act, 9 U.S.C. §1 et seq. (the "FAA") and Claims involving more than $50,000. For Claims involving more than $50,000, either party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's costs, regardless of its outcome. However, D & A will consider in good faith any reasonable written request you make for D & A to bear the cost.
6. Governing Law. These TOU involves interstate commerce, and this Arbitration Agreement shall be governed by the FAA and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief, and attorneys' fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement, and the Administrator's rules.
8. Notice. If either party elects to arbitrate any Claim, neither you nor D & A have the right to litigate that Claim in court; to have a jury trial on that Claim; to engage in pre-arbitration discovery except as provided for in the rules of the Administrator; or to participate as a representative or member of any class pertaining to such Claim. Other rights you would have if you went to court may also not be available in arbitration.
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