THE FOLLOWING TERMS AND CONDITIONS OF USE OF THIS WEB SITE ARE PRECEDENT TO YOUR USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE FUNCTIONALITY OF POSTING AND RESPONDING VIA THE WEB SITE INTERFACE ('SERVICE') PROVIDED BY DCRE LABS, LLC ('DCRE').
1 TERMS OF THIS AGREEMENT
DCRE may, at its option, terminate this service to you, without notice, for material breach of this Agreement, including, without limitation:
1. If you impair or attempt to impair the integrity of DCRE's computer programs, information or services. 2. If you disseminate information acquired hereunder in violation of section 5 below; provided, however, that DCRE will still be able to exercise all of its other rights and remedies under this Agreement at law and in equity.
2 NO WARRANTY
DCRE MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION OR SERVICE FURNISHED HEREUNDER AND YOU ACCEPT SUCH INFORMATION AND SERVICES ON AN "AS IS" BASIS.
3 LIMITATION OF LIABILITY
(a) In no event shall either party be liable to the other for any special, indirect or consequential damages including, without limitation, loss of anticipated profits or other economic loss in connection with or arising out of the availability, existence, furnishing, or functioning of any PRODUCT or information provided for under this Agreement.
(b) Customer acknowledges that DCRE is not responsible for notifying Customer of any upgrades, fixes or enhancements to this SERVICE or for any compromise or loss of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
(c) DCRE shall, at it sole option, have the right to reprocess information to correct any errors of which it is or becomes aware.
4 RESTRICTIONS ON USE OF DATA
(a) You understand and agree that all information acquired hereunder is for your personal use. All of the information on any DCRE Labs websites is proprietary to or is licensed to DCRE by our users or third parties. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access DCRE Labs websites for any purpose without DCRE expressly providing, in an authorized writing, such permission.
(b) You agree not to: (i) take any action that imposes, or may impose in DCRE's sole discretion an unreasonable or disproportionately large load on DCRE'S infrastructure; (ii) copy, reproduce, modify, frame, create derivative works from, distribute or publicly display any content (except for your internal personal non-commercial use), disseminate, distribute, or otherwise transfer or provide access to information acquired from any DCRE Labs websites without DCRE having first provided you with an authorized signed writing expressly permitting you to do so; (iii) interfere or attempt to interfere with the proper working of any DCRE Labs website or any activities conducted on any DCRE Labs website; (iv) bypass measures we may use to prevent or restrict access to any DCRE Labs website; (v) access any DCRE Labs website by any means other than through the interface that is provided by DCRE for use in accessing any DCRE Labs website; or (vi) otherwise violate the limited scope of permission hereby expressly granted. These restrictions shall survive the termination of this Agreement.
(c) You understand and agree that information acquired hereunder is provided for informational purposes with the intent to contact specific persons. You agree that you will not download information acquired hereunder with the intent to database it for future use. DCRE, at its sole discretion, will determine if user activity patterns indicate that information is being used for these purposes. If DCRE determines that information is being used for purposes other than these purposes, DCRE shall take any action necessary to prevent such abuse.
5 PROPRIETARY DATA
(a) This website and all systems, programs, records, statistics, data, documentation, and any other material utilized or developed by DCRE in connection with this Agreement and the SERVICE and information supplied hereunder shall be and remain the sole property of DCRE. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by DCRE shall remain the property of DCRE or its licensor at all times.
(b) You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software for any SERVICE, without DCRE's written consent.
(a) No waiver shall be effective unless made in writing.
(b) This Agreement represents the entire agreement between the parties hereto.
(c) The laws of the Commonwealth of Kentucky, USA, applicable to agreements executed and performed wholly within Kentucky, shall govern the validity, interpretation and enforcement of this Agreement. It is expressly agreed to by and between the parties hereto and any other person or persons seeking to utilize the services provided for hereunder, that any lawsuit brought against DCRE shall be commenced and adjudicated only in the United States District Court of the Eastern District of Kentucky or in Kentucky State courts located in Fayette County.
(d) If any provision of this Agreement or its application is held to be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of any of the other provisions and applications herein shall not in any way be affected or impaired.
(e) You hereby agree to indemnify and hold DCRE and its affiliates, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of this website or (ii) any alleged breach of this Agreement by you.
(f) By using this website, you signify your agreement to the terms and conditions of this Agreement. If you do not agree to the terms in this Agreement, you must not use this website. DCRE reserves the right to change the terms of this Agreement at any time, and your use of this website after such changes are posted means that you accept such terms as revised.
Designed and developed by DCRE Labs - Dan Chaney