Dendog Strategy Insights Terms of Use

 

Dendog Strategy Insights LLC’s Terms of Use ("Terms of Use") consists of these terms, the Dendog Strategy Insights Privacy Statement and any supplemental terms or agreements ("Other Agreements") provided to you for any of the products, services, solutions, software, websites, interactive features, forms, mobile and social media pages, and other goods and services offered, owned, or operated by Dendog Strategy Insights or your interaction with Dendog Strategy Insights’ agents, contractors or employees or subsites (collectively "Services"). This is a legally binding contract in electronic form between you ("you," "your," and "yourself") and Dendog Strategy Insights, LLC ("Dendog Strategy Insights" "we," "us," and "our").

BY USING THE SERVICES OR REGISTERING WITH ONE OF OUR SUBSITES, YOU ARE AGREEING TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF USE, ANY OTHER AGREEMENTS AND MAY USE THE SERVICES AS LONG AS YOU COMPLY WITH THESE TERMS OF USE. THESE TERMS OF USE APPLY WHETHER YOU ARE ACCESSING THE SERVICES OFFLINE OR VIA A COMPUTER, TABLET, MOBILE DEVICE, OR ANY OTHER TECHNOLOGY OR DEVICE NOW KNOWN OR HEREAFTER DEVELOPED (EACH A "DEVICE").

 

1. ELIGIBILITY

In order to use the Services, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.

If you are 13-17, in order to use the Services that Dendog Strategy Insights makes available to your age group, your parent or guardian must (a) consent to these Terms of Use, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your state of residence.

This site is not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable law.

 

2. CHANGES TO THE AGREEMENT

Occasionally we may, in our discretion, make changes to the Services and these Terms of Use. Changes will be effective immediately (except for material changes) upon the posting of the revised Terms of Use to the Services.  In the event we make material changes to these Terms of Use, we will notify you prior to the changes taking effect. Please note that if you do not agree to the modified Terms of Use, you may not use the Services. Your continued use of the Services following the posting of the changes or any applicable notice period will mean that you accept those changes.

 

3. ELECTRONIC COMMUNICATIONS

Support by Email, Chat. When you use the Services, participate in a chat session, submit forms or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

4. USER GENERATED CONTENT

Other than personally identifiable information, which is covered in the Dendog Strategy Insights Privacy Statement, any reviews, comments, questions, ideas, suggestions, photos, and other material you send or post to the Services ("User Generated Content") will be considered non-confidential and non-proprietary. Dendog Strategy Insights will have no obligations with respect to User Generated Content.

Unless otherwise provided by Other Agreements you may enter into with Dendog Strategy Insights, by posting, uploading, adding, communicating, storing, or otherwise transmitting User Generated Content on, to, or through the Services, you understand and agree that you are giving Dendog Strategy Insights and its designees a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the User Generated Content and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that Dendog Strategy Insights has no obligation to use any idea or material contained in User Generated Content and you have no right to compel such use.

You agree that none of your User Generated Content will include material that:

  • is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;

  • could interfere with anyone else's use of the Services;

  • encourages or incites anyone to break the law;

  • violates the rights of any third party, including copyrights, other property rights, rights of privacy;

  • includes personal or sensitive information regarding yourself or another person;

  • contains a virus or any other harmful or potentially harmful component; or

  • contains false or misleading statements of fact or descriptions of the origin of the material or the communication.

No Obligation to Monitor. Although you are solely responsible for the content you provide, Dendog Strategy Insights may, but is not required to, monitor User Generated Content. If Dendog Strategy Insights becomes aware of User Generated Content that violates these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, Dendog Strategy Insights may act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms of Use.

If you notice that any other user’s submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact Dendog Strategy Insights by emailing marketing@dendogstrategy.com.

Internet transmissions are never completely private or secure. You understand that any User Generated Content that you send through the Services may be read or intercepted by others. By sending User Generated Content to Dendog Strategy Insights, you release us of any duty or obligation we might otherwise have to review or act in response to the User Generated Content, and of any duty or obligation that we might otherwise have to you in connection with any action we choose to take in response to your User Generated Content.

 

Unsolicited Ideas: Dendog Strategy Insights personnel have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect the interests of Dendog Strategy Insights in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, Dendog Strategy Insights does not solicit ideas, inventions, work samples, materials, demos, and the like or agree to receive any confidential information from persons or entities outside Dendog Strategy Insights. Dendog Strategy Insights maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Idea(s)") and therefore you should not submit any Unsolicited Idea(s) to Dendog Strategy Insights in any User Generated Content through this Services or otherwise. Dendog Strategy Insights does not wish to receive Unsolicited Idea(s) from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, Dendog Strategy Insights strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.

Nonetheless, if you do send Dendog Strategy Insights an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of Dendog Strategy Insights. By submitting an Unsolicited Idea to Dendog Strategy Insights, you agree to convey your ownership interest in the Unsolicited Idea to Dendog Strategy Insights, and that Dendog Strategy Insights will exclusively own all rights, title and interest therein. Furthermore, Dendog Strategy Insights and its designees will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. Dendog Strategy Insights will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future uses or activities.

5. USE OF SERVICES

You agree that your use of the Services will comply with applicable laws, and unless otherwise expressly permitted by Other Agreements, you agree that your use of the Services will strictly be for your own personal and non-commercial use. In addition, you agree not to take any steps in connection with your use of the Services that could adversely affect Dendog Strategy Insights, including engaging in or attempting to engage in the following conduct:

  • interrupting the operation of the Services in any manner whatsoever, including by imposing an unreasonable load on the Services;

  • deleting or revising any material or other information of any other user, Dendog Strategy Insights, or any third party;

  • harvesting or otherwise collecting information about others, including email addresses, without their consent;

  • deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Services;

  • posting advertisements or solicitations of business other than those explicitly approved by Dendog Strategy Insights;

  • defeating, investigating, or providing information concerning methods of defeating security mechanisms, including by allowing another person to access the Services using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;

  • engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Services, or which, in Dendog Strategy Insights’ judgment, exposes Dendog Strategy Insights or any of its users, customers, or suppliers to any liability or detriment of any type;

  • engaging in conduct affecting Dendog Strategy Insights adversely or reflecting negatively on Dendog Strategy Insights, the Services, Dendog Strategy Insight’s  goodwill, name or reputation or causing duress, distress or discomfort to Dendog Strategy Insights or anyone else, or discouraging any person or entity from doing business with Dendog Strategy Insights; or

  • taking any other action that could endanger or cause damage to Dendog Strategy Insights, other users of the Services, or other third parties.

 

Dendog Strategy Insights may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your access to the Services or initiation of civil or criminal legal proceedings. Under these circumstances, Dendog Strategy Insights may also investigate your use of the Services and provide information about your use to law enforcement.

 

6. OUR INTELLECTUAL PROPERTY RIGHTS

Copyright: All materials on the Services, including but not limited to images, software, audio, text and video clips (the "Materials"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned or licensed by Dendog Strategy Insights or by its third-party licensors. You cannot use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other web site or networked computer environment for any purpose is prohibited.

Trademarks: Dendog Strategy Insights trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Dendog Strategy Insights (collectively, the "Trademarks") displayed on the Services are registered and unregistered marks of Dendog Strategy Insights or their respective owners. All other trademarks, trade names, product names, service marks and all other non-Dendog Strategy Insights marks are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Dendog Strategy Insights or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

7. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide Dendog Strategy Insights’ designated copyright agent with the following information:

  • identification of the copyrighted work claimed to have been infringed;

  • identification of the allegedly infringing material on the Services that is requested to be removed;

  • your name, address and daytime telephone number, and an email address if available, so that Dendog Strategy Insights may contact you if necessary;

  • a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

  • a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

  • an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

 

Dendog Strategy Insights’s copyright agent for notice of claims of infringement on the Services is:

By U.S. Mail:
Copyright Agent
Legal Division
Dendog Strategy Insights, LLC
12 Teapot Lane

Smithtown, New York 11787

 

By Email:
marketing@dendogstrategy.com

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Services. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Dendog Strategy Insights will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Services privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

 

8. USER IDS AND PASSWORDS

Certain areas of the Services may offer the opportunity to register or create an account. You will be asked to create a user ID and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. Dendog Strategy Insights cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If Dendog Strategy Insights requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to Dendog Strategy Insights changes, you agree to promptly provide Dendog Strategy Insights with updated information.

9. OTHER AGREEMENTS; SOFTWARE, SOLUTIONS, OR ACCESS

Dendog Strategy Insights may provide products (such as hardware or software), services and solutions, including our cloud solutions, or access to subsites of the Services under Other Agreements. Dendog Strategy Insights’ obligations with respect to any product, solution, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreements, under which such product or service is provided and these Terms of Use shall not be deemed or construed to alter the terms of such Other Agreements.

 

10. USE OF SOFTWARE

Any software that is available on the Services ("Software") is the copyrighted work of Dendog Strategy Insights and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, DENDOG STRATEGY INSIGHTS AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights: The Software available on the Services and accompanying documentation that is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisitions Regulations Supplement 252.227-7013.

Export Controls: Software available on the Services is further subject to United States Export Controls. No software available on the Services may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or using the Commerce Department's Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

11. MOBILE APPLICATIONS

If Dendog Strategy Insights offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), these Mobile Application Services are governed by the applicable additional terms governing such Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable additional terms. However, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services.

12. LINKS TO OTHER WEBSITES AND PRODUCTS

Dendog Strategy Insights Subsites: You may be required to agree to Other Agreements and user codes of conduct in order to access certain portions of the Services, which are known as "subsites." If you attempt to access a subsite that requires you to enter into such a supplemental agreement, the controller of that subsite will advise you and provide you with an opportunity to review the Other Agreement and agree to it before accessing the subsite or using such subsite’s services. Both these Terms of Use and the Other Agreements will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the Other Agreements, the Other Agreements will control, except that nothing in the Other Agreements may limit (a) Dendog Strategy Insights’ disclaimer of warranties, (b) your agreement to indemnify Dendog Strategy Insights, or (c) the licenses you grant to Dendog Strategy Insights or other intellectual property.

Third Party Links: Mention of third-party products, companies and websites on the Services is for informational purposes only and constitutes neither an endorsement nor a recommendation of such products, companies, or websites. Dendog Strategy Insights makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and Dendog Strategy Insights is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that Dendog Strategy Insights approves, or endorses or recommends that site. Dendog Strategy Insights disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

 

13. CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

The Services may include contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter.

 

14. E-COMMERCE

Terms of Sale Shall Govern: These Terms of Use govern your access to and use of the Services. You acknowledge and agree that your rights and responsibilities regarding purchases made through the Services will be governed by such other terms and conditions as provided in the applicable terms of sale. In the event there is a conflict between these Terms of Use and the terms provided in an applicable terms of sale, the terms of sale shall prevail.

Pricing: We cannot confirm the price or availability of an item until you order. We try to be as accurate as possible. However, despite our best efforts, a small number of the items available for sale may not be available, the offer may have been misstated or expired, or an item may be mispriced. The correct price for any item will appear in your shopping cart before you check out. Please be sure to verify the price for your purchase in your cart before submitting payment.

Availability of Products and Services: The products and services displayed on the Services may not be available for purchase in your particular country or locality. The reference to such products and services in the Services does not imply or warrant that these products or services will be available at any time in your particular location, or at the price or terms displayed on the Services. We do not warrant that product descriptions or other Services content is accurate, complete, reliable, current, or error-free.

INFORMATION REGARDING DENDOG STRATEGY INSIGHTS’ PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY DENDOG STRATEGY INSIGHTS WITH RESPECT TO ANY PRODUCT OR SERVICE AND DENDOG STRATEGY INSIGHTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, MERCHANTABILITY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

 

15. DISCLAIMER

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DENDOG STRATEGY INSIGHTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICES, (2) THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT DENDOG STRATEGY INSIGHTS WILL CONTINUE TO PROVIDE THE SERVICES OR, IF IT DOES CONTINUE TO PROVIDE THE SERVICES, THAT THE SERVICES WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SERVICES WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SERVICES FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SERVICES MAY SUBMIT CONTENT OR COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND DENDOG STRATEGY INSIGHTS CANNOT PREDICT THE CONTENT OR COMMUNICATIONS THAT USERS POST. DENDOG STRATEGY INSIGHTS THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SERVICES WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SERVICES. BECAUSE ACCESSING THE SERVICES IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, DENDOG STRATEGY INSIGHTS' NEGLIGENCE OR GROSS NEGLIGENCE, WILL DENDOG STRATEGY INSIGHTS, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF DENDOG STRATEGY INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

DENDOG STRATEGY INSIGHTS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. DENDOG STRATEGY INSIGHTS ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL DENDOG STRATEGY INSIGHTS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

 

16. INDEMNIFICATION

You agree to indemnify, defend and hold Dendog Strategy Insights and all of their respective agents, directors, officers, employees, information providers, licensors and licensees (collectively "Indemnified Parties") harmless from and against any and all liability and costs and expenses (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Dendog Strategy Insights' defense of any such claim. You agree that Dendog Strategy Insights shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Dendog Strategy Insights, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Dendog Strategy Insights, whether or not the settlement binds or is on behalf of Dendog Strategy Insights, without the written consent of Dendog Strategy Insights

 

17. TERMINATION

Dendog Strategy Insights may terminate this agreement and/or suspend or terminate your access to the Services for any reason at any time without notice to you. If you wish to discontinue your access to the Services and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.

Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us are perpetual, these licenses survive any termination of this agreement.

 

18. APPLICABLE LAWS

The Services are administered by Dendog Strategy Insights from its offices in Smithtown, New York, United States of America. These Terms of Use and the Other Agreements are governed and interpreted under the laws of the State of New York. You agree that any claim or dispute against Dendog Strategy Insights arising out of or relating to the use of the Services must be resolved by a court located in the Eastern District of New York, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

 

19. GENERAL PROVISIONS

These Terms of Use and the Dendog Strategy Insights Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and Dendog Strategy Insights with respect to the Services. You acknowledge that any other agreements between you and Dendog Strategy Insights with respect to the Services are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.

 

BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.