TERMS OF SERVICE
TERMS OF SERVICE
EFFECTIVE DATE: February 1st, 2019
These Terms govern the use of the websites and online services owned and operated by the dtx Company (“dtx”, "we", "us", or "our"), including the websites thedtxcompany.com and unboxeverything.com (the “Site”). By using the Site, you confirm that you agree to become bound by these Terms and that you agree to comply with them. If you do not agree to all the Terms, you may not access the Site.
1. Modifications of Terms
We may make changes to these Terms from time to time without specific notice to you. The Terms posted on the Site reflect the latest agreement and you should carefully review the same before you use our Site. Any such changes are binding on you.
2. Use of the Services
You may only use the Site for lawful purposes, but in no event shall you use such:
- If you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our Site.
- To collect information about users’ personal information.
- To post false, inaccurate, misleading, defamatory, or libelous content.
- In any way that violates these Terms or any applicable law or regulation or has any unlawful or fraudulent purpose or effect.
- To engage in any way in unlawful, unsolicited or unauthorized advertising or promotional material or similar solicitation.
- To introduce malicious programs into dtx’s network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) or attack our Site via a denial-of-service attack or a distributed denial-of service attack.
In addition, you agree:
- Not to attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
- To comply with all applicable laws, statutes and regulations concerning your use of our services.
- Not to reproduce, duplicate, copy or re-sell our Site or any portion thereof in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt any part of our Site, including any equipment or network used to store or provide such.
- Not to access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security or authentication measures of dtx’s Site (including, without limitation, any equipment or network storing such, any software used to provide such, or any equipment or network or software owned or used by any third party).
3. Term and Termination
These Terms will remain in full force and effect while you use our Site. We may terminate your access to our Site for any reason at any time. Even after your access to our Site is terminated, certain sections of these Terms will remain in effect. We reserve the right at our sole discretion to determine whether there has been a breach of these Terms through your use of our Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
4. Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND SITE ARE PROVIDED BY dtx ON AN “AS IS, AS AVAILABLE” BASIS, dtx MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE. dtx MAKES NO GUARANTEES THAT YOUR USE OF THE SITE OR SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE OUR SERVICES OR SITE OR ANY PART OF IT AT ANY TIME. dtx SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, dtx DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
dtx DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED OR OPERATE ERROR-FREE OR THAT ITS SERVICE, SITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. IF THE USER`S USE OF THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, dtx IS NOT RESPONSIBLE FOR THOSE COSTS. WHEN YOU USE OUR SERVICES OR SITE, YOU UNDERSTAND AND AGREE THAT SUCH USE IS AT YOUR OWN RISK.
dtx SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR dtx SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF dtx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
5. Indemnification
You agree to indemnify and hold dtx (and its partners, affiliates, directors, officers and employees) harmless, from and against any claim or demand (including reasonable legal fees) arising from any violation by you of these Terms. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at our expense.
6. Intellectual Property Rights
You hereby acknowledge that dtx is the owner or licensee of all rights, titles and interests, including but not limited to rights covered by the intellectual property rights (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software), in and to our Site. All rights not expressly granted under these terms are reserved by dtx.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
You may not use any data mining, robots, web-crawlers or similar data gathering or extraction tools with respect to the Site. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any part of the Site for any public or commercial purpose.
7. Third party sites and linked content
Our Sites may include links to other websites on the Internet that are owned and operated by third parties. You acknowledge that dtx is not responsible for the availability of, or the content located on or through, any third party websites. You should contact the respective websites’ administrator or webmaster for those third-party websites if you have any concerns regarding the content located on such. Use of third-party websites is subject to the terms of use and privacy policies of each website, and we are not responsible therein. dtx encourages all users to review terms of use and privacy policies of third parties websites.
8. Electronic Communication
You consent to receiving electronic communications from us and represent and warrant that the recipient of every electronic communication sent in connection with your use of our Site has agreed to receive such and that you shall not use the Site to send unlawful, unsolicited electronic communications.
9. Other Terms
If any provision of these terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that the Terms and any other agreements referenced herein may be assigned by dtx, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that by accepting these Terms, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.
10. Governing Jurisdiction of the Laws of Massachusetts
These Terms shall be governed by and construed in accordance with the substantive laws of Massachusetts, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Massachusetts, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.
In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
11. Contacting Us
If there are any questions regarding this our Terms, you may contact us at hello@thedtxcompany.com.