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TERMS OF SERVICE |
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TERM OF USE
1. Introduction.
In this Service Agreement ("Agreement"),"Customer," User, "you" and
"your" refer to each customer or user, and DFW Most Powerful ("DFWMP"),
"we," "us" and "our" refer to DFW Most Powerful. This Agreement
explains our obligations to you, and your obligations to us, in
relation to your use of our services.
By selecting
DFWMP
service(s) you have agreed to establish an account with us for such
services. When you use your account or permit someone else to use
your account to purchase or otherwise acquire access to additional
service(s), or to modify or cancel such service(s) (even if we were
not notified of such authorization), this Agreement covers any such
service or actions. Any acceptance of your application(s) for our
services and the performance of our services will occur at our
offices in Texas, the location of our principal place of business.
All event and / or services are Non-Refundable.
2. Services.
DFWMP
offers alerts and other services and information that may assist you
in identifying the current status of domains. Such services and
information are provided on an as-is basis from third parties, and
DFWMP
does not represent or warrant to the truth or accuracy of such
information.
3. Fees & Payment.
As consideration for the services you have selected, you agree to
pay DFWMP the applicable service(s) fees set forth on our website at
the time of your selection. You agree to keep your credit card
information accurate and current with DFWMP at all times. All fees
are due immediately upon registration and are non-refundable. DFWMP
may take all remedies available to collect fees owed and may recover
from you all costs and expenses (including reasonable attorney fees)
incurred by DFWMP to collect such fees.
In the event of non-payment, reversal of payment, or a charge back
by a credit card company or other payment provider, in addition to
any other remedies DFWMP may have, we may, in our sole discretion,
suspend or terminate your account.
4. Term of Service.
Unless otherwise specified, each DFWMP service, is for the selected
term and will renew automatically thereafter for successive
equivalent terms unless either party elects to terminate such
service (which you can do at any time by logging into your DFWMP
account and indicating your election to terminate such service). Any
renewal of your services with us is subject to our then current
terms and conditions and payment of all applicable service fees at
the time of renewal.
5. Third-Party Information.
You represent and warrant that you have provided notice to, and
obtained consent from, any third party individuals whose personal
data you supply to us as part of our services with regard to: (i)
the purposes for which such third party's personal data has been
collected; (ii) the intended recipients or categories of recipients
of the third party's personal data; (iii) which parts of the third
party's data are obligatory and which parts, if any, are voluntary;
and (iv) how the third party can access and, if necessary, rectify
the third party's personal data. You further agree to provide such
notice and obtain such consent with regard to any third party
personal data you supply to us in the future. We are not responsible
for any consequences resulting from your failure to provide notice
or receive consent from such individuals or for your providing
outdated, incomplete or inaccurate information.
6. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during
the term of this Agreement, that we may revise the terms and
conditions of this Agreement and/or change the services provided
under this Agreement at any time. Any such revision or change will
be binding and effective ten (10) calendar days after the revised
Agreement or change to the service(s) is posted on the DFWMP
website. You agree to periodically review our website, including the
current version of this Agreement available on our website, to be
aware of any such revisions. If you do not agree with any revision
to the Agreement or change to the services, you may terminate this
Agreement at any time. Any fees paid by you prior to termination of
your Agreement with us are nonrefundable, but you will not incur any
additional fees. By continuing to use our services ten (10) calendar
days after any revision to this Agreement or change in service(s) is
posted on our website, you agree to abide by and be bound by any
such revisions or changes. We are not bound by and you may not rely
on any representation concerning this Agreement or our services made
by: (i)any agent, representative or employee of any third party that
you may use to apply for our services; or (ii) information posted on
our Web site of a general informational nature. No employee,
contractor, agent or representative of DFWMP or any partner of DFWMP
is authorized to alter or amend the terms and conditions of this
Agreement.
7. Modifications to your account.
In order to change any of your account information with us, you must
use your account name and the password that you selected when you
created your DFWMP account. Please safeguard this information from
any unauthorized use. In no event will we be liable for the
unauthorized use or misuse of your account name or password.
8. Prohibited Conduct.
You agree that you will only use our services for lawful purposes.
9. Notices and Announcements.
You authorize us to notify you as our customer of information that
we deem is of potential interest to you. Notices and announcements
may include commercial e-mails and other notices describing changes,
upgrades, new products and services or other information pertaining
to services and/or other relevant matters.
10. Limitation of Liability.
To the extent permitted at law, DFWMP and its partners and
contractors will not be liable for any direct, indirect, incidental,
special or consequential damages resulting from your use or
inability to use any of the DFWMP services or for the cost of
procurement of substitute services. We disclaim any and all loss or
liability resulting from, but not limited to: (i )any third party
claims arising from or based on your use of our services; (ii)
access delays or access interruptions; (iii) data non-delivery or
data mis-delivery; (iv) acts of God; (v) the unauthorized use or
misuse of your Account name or password; (vi) errors, omissions, or
misstatements in any and all information or service(s) provided
under this Agreement; (vii) the deletion of or failure to store data
of any kind; (viii) the development or interruption of your website;
or (x) our processing of your application for our services, our
processing of any authorized modification to your record or your
agents failure to pay any fees, our fees or re-registration fees.
You agree that our entire liability, and your exclusive remedy, with
respect to any DFWMP service(s) provided under this Agreement and/or
for any breach of this Agreement is solely limited to the amount you
paid for such service(s).
11. Indemnity.
You agree to release, indemnify, and hold DFWMP, DFW Most Powerful,
our partners, contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns harmless from all liabilities,
claims, damages, costs and expenses, including reasonable attorneys'
fees and expenses, relating to or arising from the DFWMP services
provided hereunder. When we are threatened with suit or sued by a
third party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances
may be considered by us to be a material breach of this Agreement.
In addition, in the event we are made a party to any claim, suit or
action by you which is unsuccessful or by a third party in each case
relating to or arising from the DFWMP services provided hereunder,
you will reimburse us, at a reasonable rate, for all personnel time
and expenses expended by us in response to such claim, suit or
action including without limitation, all attorney fees and expenses
incurred by us with respect to such response.
12. Breach.
You agree that your failure to abide by any provision of this
Agreement, any DFWMP operating rule or policy, or any dispute policy
may be considered by us to be a material breach of this Agreement
and that we may, in our sole discretion, elect to cancel the
services without further notice to you. We will not refund any fees
paid by you prior to the termination of your Agreement due to your
breach. Any such breach by you will not be deemed to be excused
simply because we did not act earlier in response to that, or any
other breach, by you.
13. Representations and Warranties.
You represent and warrant that: (i) the information that you or your
agent on your behalf provide to us during the registration for DFWMP
service(s) is, accurate and complete, and that any future changes to
this information will be provided to us in a timely manner; (ii) you
have all requisite power and authority to execute this Agreement and
to perform your obligations hereunder; and (iii) you are of legal
age to enter into this Agreement.
14. Release.
You release DFWMP, DFW Most Powerful, our partners, contractors,
agents, employees, officers, directors, shareholders, affiliates and
assigns from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with our services.
15. Disclaimer.
You agree that your use of our service(s) is solely at your own
risk. You agree that all of our services are provided on an "as is,"
and "as available" basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS,
WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND
WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR
SERVICE(S) WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE(S) WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF
OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE
HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
DFWMP reserves the right to terminate any of its services at any
time, with or without notice to you. In the event of such
termination, your sole remedy will be to request a refund of any
amounts paid to DFWMP for services that were not completed in whole
or in part. In the event that a service was partially completed, you
may request a refund of the pro-rata portion of such fee for
uncompleted services.
16. Severability.
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and
the remaining terms and provisions will remain in full force and
effect.
17. Entirety.
You agree that this Agreement and the privacy statement are the
complete and exclusive agreement between you and us regarding our
services. This Agreement and the privacy statement supersede all
prior agreements, representations and understandings, whether
established by custom, practice, policy or precedent.
18. Non-Assignment.
Your rights under this Agreement are not assignable. Any attempt by
you to assign your rights will render this Agreement voidable at our
option. Any attempt by your creditors to obtain an interest in your
rights under this Agreement, whether by attachment, garnishment or
otherwise, will render this Agreement voidable at our option.
19. Governing Law.
You agree that this Agreement and any disputes hereunder will be
governed in all respects by and construed in accordance with the
laws of the State of Texas, excluding its conflict of laws rules.
You and we each submit to exclusive subject matter jurisdiction,
personal jurisdiction and venue of the courts of the State of Texas.
You agree that any action, suit or application will be brought and
heard in Texas.
20. Agreement to be Bound.
By applying for the service(s) of DFWMP or an affiliate through our
online application process, you acknowledge that you have read and
agree to be bound by all terms and conditions of this Agreement and
any pertinent rules or policies that are or may be published by
DFWMP.
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