The website located at https://www.digital5.ai, known as Digital5, is protected by copyright laws and is owned by Digital5. Certain aspects of the website may have additional guidelines, terms, or rules, which will be made available on the website pertaining to those specific features.
These additional terms, guidelines, and rules are considered part of these Terms of Use and are to be followed accordingly. These Terms of Use outline the legally binding terms and conditions governing your use of the website. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO COMPLY WITH THESE TERMS. Additionally, you confirm that you possess the necessary authority and capacity to agree to these Terms. TO ACCESS THE SITE, YOU MUST BE 18 YEARS OF AGE OR OLDER. If you do not agree with any or all of these provisions, refrain from accessing and using the Site.
Access to the Site
The Company provides you with a limited license that is non-exclusive, non-transferable, revocable, and solely intended for your non-commercial, personal use to access the Site.
Restrictions
The rights granted to you under these Terms are subject to specific limitations:
- You are prohibited from engaging in activities such as selling, renting, leasing, transferring, assigning, distributing, hosting, or any other form of commercial exploitation of the Site.
- Modifying, creating derivative works from, disassembling, reverse compiling, or reverse engineering any part of the Site is strictly prohibited.
- You are not allowed to access the Site for the purpose of constructing a similar or competitive website.
- Unless expressly stated in these Terms, no part of the Site may be reproduced, copied, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Additionally, any future updates or additions to the Site's functionality will be subject to these Terms.
- All proprietary notices and copyrights present on the Site must be preserved on all copies of the Site.
The company retains the right to modify, suspend, or terminate the Site, either with or without notifying you. You agree that the Company will not be held liable to you or any third party for any alterations, interruptions, or terminations of the Site or any of its components.
Apart from any User Content you may contribute, you acknowledge that all intellectual property rights, encompassing patents, copyrights, trade secrets, and trademarks, associated with the Site and its content are the property of the Company or the Company's suppliers.
It's important to understand that these Terms and your access to the Site do not confer upon you any title, interest, or rights in or to any intellectual property rights, except for the specified limited access rights outlined in Section 2.1. The Company and its suppliers retain all rights not expressly granted in these Terms.
Third-Party Ads & Links
The Site may include links to third-party services and websites, as well as display advertisements for third parties. These Third-Party ads and Links are beyond the Company's control, and the Company bears no responsibility for them. The Company offers access to these Third-Party ads and Links solely for your convenience. The Company does not undertake approving, reviewing, monitoring, warranting, endorsing, or making representations regarding Third-Party ads and Links.
Your use of Third-Party Ads and Links is at your own risk, and it's advisable to exercise appropriate caution and discretion when doing so. Clicking on any of the Third-Party Links and ads subjects you to the applicable third party's policies and terms, including their data collection methods and privacy practices.
Other Users
Each user of the Site is solely accountable for their own User Content. Given that we do not have control over User Content, you acknowledge and agree that we bear no responsibility for any User Content, whether provided by you or by others. You consent to the understanding that the Company will not be liable for any loss or damage resulting from such interactions. In the event of a dispute between you and any Site user, we are not obligated to intervene.
By accepting these terms, you release and forever discharge the Company, our officers, employees, agents, successors, and assigns from all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of any kind and nature that have emerged or may arise directly or indirectly from, or are related directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the above, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Disclaimers
The Site is provided in its current state ("as-is" and "as-available"), and the company, as well as our suppliers, explicitly disclaim all warranties and conditions. These may be express, implied, or statutory, encompassing warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We, along with our suppliers, do not ensure that the Site will meet your specific requirements, be consistently available, timely, secure, or free from errors. Furthermore, we cannot guarantee that the Site will be accurate, reliable, free of viruses or harmful code, complete, lawful, or safe. In cases where applicable law necessitates warranties regarding the Site, such warranties are constrained in duration to a period of ninety (90) days from the initial use date.
In certain jurisdictions, the exclusion of implied warranties may not be allowed, making the above exclusion inapplicable to you. Additionally, there are jurisdictions that do not permit limitations on the duration of an implied warranty. Thus, the above limitation may not apply to you in those cases.
Limitation on Liability
To the fullest extent permitted by applicable law, the Company or our suppliers shall not be held liable to you or any third party for any lost data, lost profits, costs associated with obtaining substitute products, or any consequential, indirect, exemplary, special, incidental, or punitive damages arising from or related to these terms or your utilization of, or inability to use the site, even if the Company has been advised of the potential of such damages. Your access to and use of the site is entirely at your own discretion and risk, and you bear sole responsibility for any damage to your device, computer system, or loss of data resulting from such use.
To the fullest extent allowed by the law and regardless of anything stated otherwise in this agreement, our liability to you concerning any damages linked to or arising from this agreement will always be restricted to a maximum of 50 U.S. dollars (U.S. $50). This limit will not be expanded even if multiple claims exist. Additionally, you acknowledge and agree that our suppliers will bear no liability of any nature arising from or in connection with this agreement.
In certain jurisdictions, limitations or exclusions of liability for incidental or consequential damages may not be permissible. Thus the aforementioned limitation or exclusion may not apply to you in those specific jurisdictions.
Term and Termination
Subject to the conditions outlined in this section, these Terms will remain in full force and effect during your use of the Site. We maintain the right to suspend or end your access to the Site at our sole discretion, including instances where there is a violation of these Terms. When your rights under these Terms are terminated, including the Account associated with it, your ability to access and use the Site will cease immediately. It is understood that termination of your Account may involve the removal of User Content associated with your Account from our active databases. The Company will not be held liable to you for any termination of your rights as per these Terms. Furthermore, certain provisions of these Terms will remain in effect even after the termination of your rights, including but not limited to Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy
The Company holds a strong regard for intellectual property rights and expects users of our Site to do the same. We have established and enforced a copyright policy concerning our Site, which involves the removal of any materials that infringe on copyrights and the termination of users engaging in repeated infringement of intellectual property rights, including copyrights. If you believe that a user of our Site is unlawfully infringing on copyright(s) through the use of our platform and you wish to request the removal of the allegedly infringing material, you must provide the following information in a written notification, as per 17 U.S.C. § 512(c), to our designated Copyright Agent:
- Your physical or electronic signature.
- Identification of the copyrighted work(s) that you claim have been infringed.
- Identification of the material on our services that you claim is infringing and request to be removed.
- Sufficient information for us to locate such material.
- Your address, telephone number, and e-mail address.
- A statement affirming your good faith belief that the use of the objected material is not authorized by the copyright owner, its agent, or the law.
- A statement affirming the accuracy of the information provided in the notification and, under penalty of perjury, stating that you are either the copyright owner or authorized to act on behalf of the copyright owner.
Kindly note that according to 17 U.S.C. § 512(f), if there is a misrepresentation of a material fact in a written notification, the complaining party is automatically liable for any damages, costs, and attorney's fees that we incur in relation to the written notification and the claim of copyright infringement.
General
These Terms may undergo occasional revisions, and if significant changes are made, we may notify you by sending an email to the last email address you provided to us and by prominently posting notice of the changes on our Site. Ensuring that we have your most current email address is your responsibility. If the last email address you provided is not valid, our sending of the email containing such notice will still constitute effective notice of the described changes. Changes to these Terms will be in effect as of the earliest of either thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be immediately effective for new users of our Site. If you continue to use our Site after being notified of such changes, it will signify your acknowledgment of the changes and agreement to abide by the terms and conditions of such alterations.
Dispute Resolution: Please carefully read this Arbitration Agreement, as it is a crucial part of your contract with the Company and impacts your rights. This section includes procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All disagreements and claims regarding the Terms or the usage of the Company's products or services that cannot be resolved informally or in small claims court will be settled through binding arbitration on an individual basis, according to the conditions specified in this Arbitration Agreement. Unless mutually agreed upon otherwise, all arbitration proceedings will be conducted in English. This Arbitration Agreement is binding for both you and the Company, encompassing affiliates, subsidiaries, agents, predecessors, employees, in interest, assigns, successors, as well as unauthorized or authorized users or beneficiaries of goods or services provided under these Terms.
Notice Requirement and Informal Dispute Resolution
Before either party seeks arbitration, the initiating party must first provide the other party with a written Notice of Dispute outlining the nature and grounds of the claim or dispute, as well as the requested resolution. A Notice to the Company should be directed to 5 Independence Way, Suite 300, Princeton, NJ, 08540, USA. Following receipt of the Notice, you and the Company will endeavor to address the claim or dispute through informal means. If the claim or dispute is not resolved within thirty (30) days after the Notice is received, either party may initiate an arbitration process. Any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator has determined the award amount to which either party is entitled.
Arbitration Rules
Arbitration will be initiated utilizing the services of the American Arbitration Association (AAA), a well-established alternative dispute resolution provider, following the procedures outlined in this section. If AAA is unavailable for arbitration, both parties will need to mutually agree on selecting an alternative Alternative Dispute Resolution (ADR) Provider. The rules of the selected ADR Provider will govern all aspects of the arbitration, except in cases where these rules conflict with the Terms. You can access the AAA Consumer Arbitration Rules that govern the arbitration process online at adr.org or by contacting the AAA at 1-800-778-7879. The arbitration process will be overseen by a single, neutral arbitrator.
For claims or disputes seeking a total award of less than Ten Thousand U.S. Dollars (US $10,000.00), binding non-appearance-based arbitration may be pursued at the discretion of the party seeking relief. In cases where the total award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held within 100 miles of your residence, unless you reside outside of the United States and both parties agree on a different location. If you reside outside the U.S., the arbitrator will provide reasonable notice to the parties regarding the date, time, and place of any oral hearings. The arbitrator's award may be entered in any court with jurisdiction.
In the event that the arbitrator grants you an award that surpasses the last settlement offer made by the Company to you before the initiation of arbitration, the Company will provide you with the higher of the award or $2,500.00. Each party will individually cover their own costs and disbursements related to the arbitration and will share equally in the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance-Based Arbitration
If non-appearance-based arbitration is opted for, the process will be conducted through telephone, online means, and will rely exclusively on written submissions. The party initiating the arbitration will choose the particular method. The arbitration will not entail any in-person appearances by the parties or witnesses, unless mutually agreed upon by all parties.
Time Limits
If either you or the Company chooses to pursue arbitration, the arbitration proceeding must be initiated and/or demanded within the statute of limitations and within any deadline set forth by the AAA Rules applicable to the relevant claim.
Authority of Arbitrator
In the event of arbitration, the arbitrator will determine the rights and responsibilities of both you and the Company. The dispute will not be combined with any other cases or parties, nor consolidated with other matters. The arbitrator will possess the authority to grant motions that settle all or part of any claim. They will also have the power to award both monetary damages and any non-monetary remedies or relief available to an individual as per applicable law, the AAA Rules, and the Terms.
The arbitrator will furnish a written award and statement of decision, outlining the fundamental findings and conclusions forming the basis of the award. The arbitrator possesses the same authority as a judge in a court of law to grant relief on an individual basis. The arbitrator's award stands as final and binding on both you and the Company.
Waiver of Jury Trial
The parties involved hereby waive their rights, both constitutional and statutory, to proceed to court and undergo a trial with a judge or a jury. Instead, they choose to resolve all claims and disputes through arbitration, following the provisions outlined in this Arbitration Agreement. Arbitration procedures are typically more streamlined, efficient, and cost-effective compared to the rules that apply in a court. Additionally, court review of arbitration is notably limited.
In the event that litigation arises between you and the Company in either a state or federal court concerning a case to enforce or nullify an arbitration award, or for any other reason, BOTH YOU AND THE COMPANY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. Instead, both parties opt for the dispute to be resolved by a judge.
Entire Terms.
These Terms constitute the complete agreement between you and us regarding the usage of the Site. Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The headings used in these Terms are for convenience only and do not carry any legal or contractual significance. The term "including" is to be interpreted as "including without limitation". In the event that a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain unaffected, and the invalid or unenforceable provision will be modified to make it valid and enforceable to the maximum extent permitted by law.
Your association with the Company is that of an independent contractor, and neither party acts as an agent or partner of the other. These Terms, as well as your rights and responsibilities, cannot be assigned, subcontracted, delegated, or transferred by you without the prior written consent of the Company. Any attempt to assign, subcontract, delegate, or transfer in violation of this provision will be considered null and void. The Company holds the right to freely assign these Terms. The terms and conditions outlined in these Terms are binding upon assignees.
Your Privacy.
Refer to our Privacy Policy for a comprehensive understanding of how we handle your privacy and personal information.
Copyright/Trademark Information.
Copyright ©. All rights reserved. The trademarks, service marks, and logos visible on the Site are owned by us or other third parties. Usage of these Marks without our prior written consent or the consent of the respective third parties who may own the Marks is strictly prohibited.
Contact Information
Address: 5 Independence Way, Suite 300, Princeton, NJ, 08540, USA
Email: Info@digital5.ai
