Terms and Conditions of Use
You should carefully read the following terms and conditions (the “Terms”). The Terms govern your use of this website (this “Site”). This Site is operated and maintained by Damorphe Inc. (DAMORPHE). Throughout the Site, the terms “we,” “us” and “our” refer to DAMORPHE. DAMORPHE offers this Site, including the content, materials and information available on or through this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. By using this Site, you acknowledge that you have read, understood and agree to the Terms. If you do not agree to abide by these Terms, do not use this Site.
Accuracyand Timeliness of Information on This Site
DAMORPHE is not responsible if information made available on this Site is not accurate, complete or current or error-free. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptionsand availability, and we reserve the right to make changes in this information without notice. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on thisSite. You agree that it is your responsibility to monitor changes to thisSite.
Use of Content on This Site
All content on this Site (including but not limited toHTML code, scripts,text, design, photographs, logos, icons, images, videos,audio clips, downloads, interfaces, code and software, collectively referred to as the “Content”), is the exclusive property of and owned by DAMORPHE, its licensors or its content providers and is protected by copyright, trademark,United States and foreign intellectual property laws,and other applicable laws. Unauthorized use of the Content may result in violation of copyright, trademark, intellectual property and other laws.
You have no rights in or to the Content, and you will not use, copy, download, print and display the Content except as permitted under these Terms.You must retain all copyrights, trademarks and other proprietary notices appeared in the original Content on any copy, download and print you make of the Content. You may use the Content from the Site solely for your personal and non-commercial use.No other use is permitted without our prior written consent. The Content and Site may not be distributed, republished, uploaded, posted, broadcast,or transmitted in any way, without our prior written consent. Any other use of content on the site, including but not limited to transfer, sale, assigning, licensing and sublicensing, modification, reproducing, reverse engineering, creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited.You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware, software or routine intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
You may notattempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site.You may not delete or alter any material posted on the Site. You may notframe or link to any of the materials or information available on the Site. DAMORPHE reserves the right, without notice andin its sole discretion, to limit, terminate orblockyour access to and use of thisSite at any time. You agree to abide by all additional restrictions displayed on thisSite as it may be updated from time to time. If you violate any part of these Terms, your right to access and use the Content and Site will automatically terminate.
Privacy and Confidential Information
We reserve the right to track visitors to, and usage of, this Site through “cookies” and similar techniques and to use any resulting information as we determine in our sole discretion.
Except as otherwise provided in a separate written agreement between you and DAMORPHE, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or electronic submissions to DAMORPHE, are nonconfidential and shall become the sole property of DAMORPHE to the fullest extent permitted by applicable laws. DAMORPHE shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. Please consider this carefully before sending us any information that you deem confidential or proprietary.
Trademarks and Copyrights
The trademarks, service marks, trade names, brand names, logos and trade dress of DAMORPHE (the “DAMORPHE Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of DAMORPHE. Other product and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the DAMORPHE Trademarks, the “Trademarks”). Nothing on this Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Site without the prior written consent of DAMORPHE specific for each such use. DAMORPHE reserves all rights not expressly granted in and to the Site and its Content. This Site and all of its Content are protected as a compilation under the copyright laws of the United States and other countries.
Technology described on this Site may be covered by one or more patents in the United States or in other jurisdictions. The patents may be published, unpublished, granted, pending, licensed, or unlicensed.
YOU CARRY THE SOLE RISK FOR USING THIS WEBSITE IN ITS CURRENT FORM, “AS IS” “WITH ALL FAULTS”. DAMORPHE DISCLAIMS ALL WARRANTIES OF ANY TYPE, WHETHER ORAL OR WRITTEN, EXPRESSLY STATED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DISCLAIM ANY WARRANTY RELATING TO PERFORMANCE OF THE SITE, SUCH AS, THAT IT WILL BE UNINTERRUPTED AND ERROR-FREE, SECURE, VIRUS-FREE, THAT IT WILL MEET YOUR REQUIREMENTS, AND THAT ANY ERROR WILL BE CORRECTED. ANY USE OF THE SITE FOR EXAMPLE FOR DOWNLOADING CONTENT OR USE OF SOFTWARE ASSOCIATED WITH IT, IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR THE COST AND REPAIR OF ANY POTENTIAL DAMAGE TO YOUR COMPUTER OR ELECTRONICS SYSTEMS OR LOSS OF DATA THAT RESULTS FROM A DOWNLOAD OF ANY MATERIALS OR A DEFECTIVE SOFTWARE. NO INFORMATION WHETHER BY ORAL OR WRITTEN COMMUNICATION EITHER DIRECTLY FROM DAMORPHE, A DAMORPHE REPRESENTATIVE, OR OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY. DAMARPHE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY MATERIALS OR CONTENT OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISE. WE RESERVE THE RIGHT TO LIMIT OR REVOKE ACCESS TO THE SITE OR ANY PART THEREOF AT ANY TIME. IN CERTAIN JURISDICTIONS THE EXCLUSION OF IMPLIED WARRANTIES IS NOT ALLOWED, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AS IS. YOU ALSO ACKNOWLEDGE AND AGREE THAT, WHILE WE HAVE TAKEN REASONABLE STEPS TO SECURE THE PERSONAL INFORMATION YOU PROVIDE TO US, NO SECURITY MEASURES ARE IMPENETRABLE, AND NO METHOD OF DATA TRANSMISSION CAN BE GUARANTEED AGAINST INTERCEPTION OR OTHER TYPE OF MISUSE BY UNAUTHORIZED THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAWS, NEITHER DAMORPHE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, HOWSOEVER CAUSED, OR FOR ANY LOSS OF PRODUCTION; ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE; LOSS OF PROFITS; THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA; COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES; LOSS OF CAPITAL, SOFTWARE, PROFIT, REVENUES, CONTRACTS OR BUSINESS; COST OF REWORK; LOSS OF GOODWILL OR ANTICIPATED SAVINGS; WASTED MANAGEMENT TIME, OR ANY CLAIMS BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF); PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON OUR SITE; AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS, IRRESPECTIVE OF WHETHER OR NOT DAMORPHE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, OR OF ANY KIND WHATSOEVER.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER DAMORPHE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DAMORPHE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND DAMORPHE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Effective Date: February 4, 2020