YOUR
ACCESS AND USE OF THE WEB SITE AND THE SERVICES IT PROVIDES IS SUBJECT TO
THE FOLLOWING LEGAL STATEMENT AND ALL APPLICABLE LAWS. BY ACCESSING OR USING
ANY PART OF THE WEB SITE OR THESE SERVICES, YOU ACCEPT, WITHOUT LIMITATION
OR QUALIFICATION, THIS LEGAL STATEMENT. IF YOU DO NOT AGREE WITH ALL OF THE
LEGAL STATEMENT SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEB SITE
OR THESE SERVICES.
Permitted Use of this Web Site and Services
This Web Site is owned and operated by The Dakota Group NV, LLC ("TDG").
You may use this site for your personal and non-commercial use only. All
information you provide to TDG through this Web Site must be truthful information.
Unauthorized Use of this Web Site and Services
You may not resell use of, or access to, the Web Site or the information
contained in or through the Web Site to any third party without our prior
written consent. You may not frame portions of the Web Site within another
web site. You may not take any action to interfere with, or disrupt, the
Web Site or any other user's use of the Web Site, including, without limitation,
via means of overloading, “flooding”, “mailbombing” or “crashing” the Web
Site, circumventing security or user authentication measures or attempting
to exceed the limited authorization and access granted to you under this
Legal Statement.
No Financial Advice
The information contained at our Web Site and/or any advice or comments
made by any agent or employee of TDG are intended only to educate and assist
clients, applicants, visitors, and the like. This information is provided
for informational purposes only and is not meant to be a substitute for
professional counseling and advice from certified legal or financial professionals.
You are strongly encouraged to consult with legal and financial professionals
prior to making any decision that could have legal or financial consequences
to you.
Intellectual Property Rights
TDG is the exclusive owner of, or is authorized to use or provide access
to, all parts of the Web Site, including all text, software, graphics,
designs and all copyrights, trademarks and other intellectual property
or proprietary rights contained therein. Except for the right to view
and print individual copies of Web Site pages for your personal use pursuant
to this Legal Statement, no license is granted to you and no rights are
conveyed by virtue of accessing or using the Web Site and you may not copy,
modify, transmit, reproduce or make derivative works based on the content
of this Web Site. All rights not granted under this Legal Statement are
reserved by TDG.
No Warranties
TDG does not fully evaluate any each company, organization, or individual,
or their respective offers, that are accessible through this Web Site. While
we use reasonable care in selecting our associates and affiliates, we make
no expressed or implied warranties or representations, nor are we liable
for direct, indirect or consequential damages arising in connection with
respect to the programs, services or any products accessed through this Web
Site. Any financial or other relationship entered into between you and any
third party that arose from information received or accessed through this
Web Site or TDG is solely between you and the third party. TDG is not a party
to your agreements and you assume sole liability for any such agreements.THE
WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE
WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, TDG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE WEB SITE. FURTHER, TDG DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TDG DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TDG SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL TDG BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA,
LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL
DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH
OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER
OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is
found to be invalid or unenforceable for any reason, then our aggregate liability
for all claims under such circumstances shall not exceed fifty dollars ($50.00).
Privacy
TDG takes the privacy of you and your
information very seriously; however, due to the nature of the services provided,
certain disclosures are necessary. You are encouraged to read our Privacy
Policy to further understand what information is collected and how it is
used.
Changes
All information posted on the Web
Site is subject to change without notice. In addition, this Legal Statement
may be changed at any time without prior notice. We will make such
changes by posting them on the Web Site. You should check the Web Site
for such changes frequently. Your continued access of the Web Site
after such changes conclusively demonstrates your acceptance of those
changes.
Indemnification
You agree to indemnify, defend
and hold harmless TDG, its employees, directors, officers, agents,
business partners, affiliates, contractors, distribution partners and
representatives from and against any and all third party claims, demands,
liabilities, costs or expenses, including attorney’s fees and costs,
arising from, or related to, any breach by you of any part of this
Legal Statement applicable law.
Waiver
The failure of TDG to partially or
fully exercise any rights or the waiver of TDG of any breach of this Legal
Statement by you, shall not prevent a subsequent exercise of such right by
TDG or be deemed a waiver by TDG of any subsequent breach by you of the same
or any other term of this Legal Statement.
Governing Law
The laws of the State of Maryland shall
govern this Legal Statement. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE
JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK OR MONTGOMERY
COUNTY, MARYLAND FOR ALL MATTERS ARISING IN CONNECTION WITH THIS LEGAL
STATEMENT OR YOUR ACCESS OR USE OF THE WEB SITE OR THE TDG SERVICES.
International Access
Our Web Site is provided from the United States of America and all servers that make it available
reside in the U.S.A. The laws of other countries may differ regarding
the access and use of the Web Site. We make no representations regarding
the legality of this Web Site in any other country and it is your responsibility
to ensure that your use complies with all applicable laws outside of
the U.S.A. If you do not agree to this Legal Statement, you are not
permitted to use this website. This legal statement was last updated
on December 2, 2009.
Contact Information
If you have additional questions regarding this Legal Statement, TDG may
be contacted as follows: admin@dakotag.com.
Return to Top
|