DDS Wireless

Updated to: September 12, 2017

1. LICENSE

1.1. Governing Agreement

The terms of this agreement (“Terms of Use”) govern the relationship between you and DDS Wireless International Inc. with its head office at 11920 Forge Place, Richmond, British Columbia, Canada (hereinafter “DDS” or “us” or “we”) regarding your use of DDS’s website (the “Website”).

1.2. Privacy Policy

Use of the Website is also governed by DDS’s Privacy Policy, https://ddswireless.com/privacy-policy/, which is incorporated herein by reference. Your privacy is important to us and our Privacy Policy explains how we collect and use information that you provide to us.

By creating an account or accessing or using the Website you accept and agree to be bound by these Terms of Use and consent to the collection, use and storage of your information as outlined in our Privacy Policy.

1.3. Updates to the Terms of Use and Privacy Policy

DDS reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use and its Privacy Policy at any time by posting the amended Terms on DDS’s website. You may also be given additional notice, such as an e-mail message or messaging within the Website, of any changes. You will be deemed to have accepted such changes by continuing to use the Website. Except as otherwise stated, all amended terms shall automatically be effective immediately after they are posted. DDS may also revise other policies, codes or rules at any time, and the new versions will be available on the Website.

If at any point you do not agree to any portion of our Terms of Use, our Privacy Policy, or any other DDS policy, rules or codes of conduct relating to your use of the Website, your license to use the Website shall immediately terminate, and you must immediately stop using the Website.

To the extent the Terms of Use or Privacy Policy conflict with any other DDS terms, policy, rules or codes of conduct, the terms contained in these Terms of Use and in the Privacy Policy shall govern.

1.4. Grant of a Limited License to Use the Website

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant DDS policies, DDS grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in paragraphs 1.5 to1.9 of these Terms of Use, to access and use the Website using a DDS supported web browser or mobile device solely for your own, personal, non-commercial purposes. You agree not to use the Website for any other purpose without the express written permission of DDS.

1.5. Accessing the Website

Before accessing or using the Website you must agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Website (an “Account”). You must provide all equipment and software necessary to connect to the Website, including, but not limited to, a mobile device that is suitable to connect with and use the Website, in cases where the Website offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Website.

1.6. Use of the Website

The following restrictions apply to the use of the Website:

a. You shall use your Account and the Website only for non-commercial purposes unless expressly permitted in writing by DDS;

b. You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone; and

c. You shall not use your Account, or content posted on the Website, to engage in any illegal conduct including, without limitation, the unauthorized distribution of copyrighted material.

1.7. Account Information

When creating or updating an Account on the Website, you may be required to provide DDS with certain personal information, which may include your name, e-mail address, and other information as may be required by DDS from time to time. This information will be held and used in accordance with DDS’s Privacy Policy. You agree that you will supply accurate and complete information to DDS, and that you will update that information promptly after it changes.

1.8. Username and Password

During the Account creation process, you will be required to select a password (“Login Information”). The following rules govern the security of your Login Information:

a. You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account;

b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify DDS and modify your Login Information;

c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

d. You are responsible for anything that happens through your Account.

DDS reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

1.9. License Limitations

Any use of the Website in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. Any attempt by You to disrupt or interfere with the Website including undermining or manipulating the legitimate operation of any DDS Website is a violation of DDS’s policies and may be a violation of criminal and civil laws.

You agree that you will not, under any circumstances:

a. Engage in any act that DDS deems to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms, or any other rules or policies;

b. Make improper use of DDS’s support services, including by submitting false abuse reports; or

c. Use the Website in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

d. Use software of any type, including: bots, hacks, mods, designed to modify or interfere with any DDS Website;

e. Without DDS’s express written consent, modify or cause to be modified any files that are a part of the Website;

f. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Website or any environment (each a “Server”); or (2) the enjoyment of any Website by any other person;

g. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Website, or other attempts to disrupt the Website or any other person’s use or enjoyment of the Website; or

h. Attempt to gain unauthorized access to the Website, Accounts registered to others or to the computers, Servers, or networks connected to the Website by any means other than the user interface provided by DDS, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website;

i. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

j. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

k. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including DDS employees, including DDS’s customer service representatives;

l. Make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;

m. Without DDS’s express written consent, use any DDS Website, or any part thereof for any commercial purpose, including but not limited to: (1) permitting, authorizing, or offering use of any Website, or any part thereof at any other commercial establishment;

n. Transmit unauthorized communications through the Website, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

o. Interfere or attempt to interfere with the proper functioning of the Website or connect to or use any Website in any way not expressly permitted by these Terms of Use;

p. Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Website or that is in transit from or to the Website, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Website to store information about any element of any Website, or environment. DDS may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

q. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Website, whether through the use of a network analyzer, packet sniffer or other device;

r. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

s. Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Website, or harvest or manipulate data;

t. Use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website, or (2) any connection using programs, tools, or software not expressly approved by DDS;

u. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide any Website, or to obtain any information from the Website using any method not expressly permitted by DDS;

v. Copy, modify or distribute rights or content from any DDS Website, or DDS’s copyrights or trademarks or use any method to copy or distribute the content of the Website except as specifically allowed in these Terms of Use;

x. Solicit or attempt to solicit personal information from other users of any Website;

y. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Website.

z. upload or transmit (or attempt to upload or to transmit), without DDS’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

1.10. Suspension and Termination of Account and Website

WITHOUT LIMITING ANY OTHER REMEDIES, DDS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO DDS SERVICES OR PORTIONS THEREOF IF YOU ARE, OR DDS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENDDSTS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DDS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES, CONTENT, TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

DDS reserves the right to stop offering and/or supporting any Website or any part of any Website at any time, at which point your license to use the Website or a part thereof will be automatically terminated. In such event, DDS shall not be required to provide refunds, benDDSts or other compensation to users in connection with such discontinued Websites.

Termination of your Account can include disabling your access to the Website or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by following the instructions on DDS’S website.

1.11. Ownership

1.11.1. Website

The Website (including without limitation any graphics, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, transcripts, character profile information, recordings) are copyrighted works owned by DDS or licensed to DDS. DDS reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Website.

1.11.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFITS OF DDS. DDS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

1.11.3. Virtual Items

DDS owns, has licensed, or otherwise has rights to use all of the content that appears in the Website. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Website, including without limitation any content that you may create.

DDS prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Website, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Website, unless otherwise expressly authorized by DDS in writing. Accordingly, you may not trade, sell or attempt to sell any DDS Website for actual currency, or exchange those items or currency for value of any kind outside of a Website, without DDS’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

1.11.4. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through any Website, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Website, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DDS in accordance with its Privacy Policy.

You hereby grant DDS a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to DDS promotions and competition or any other content specifically solicited by DDS) ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

2. USER CONTENT

2.1. Content Screening

DDS assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Website for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Website or communications (including without limitation chat text) when you are using the Website.

By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time DDS chooses, in its sole discretion, to monitor the Website, DDS nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

2.2. Information Use by Other Members of the Website

2.2.1. Public Discourse

The Website may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. DDS cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Website. DDS shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

DDS IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

2.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Website and that you provide to others.

Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Use, and DDS assumes no responsibility or liability for this material. If you become aware of misuse of the Website by any person, please contact us at info@DDS.com.

DDS may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of DDS violates these Terms of Use.
DDS reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Website.

2.3. Disclosure

You expressly agree that We have the right, at all times, and at our sole discretion, to disclose any User Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow Us to satisfy any applicable law, regulation or governmental request; (c) to allow Us to enforce these Terms of Use, the DDS Privacy Policy or any other agreement, terms or policy relating to the Website, (d) to protect our legal rights and remedies; (e) in other circumstances in which We believe any Website or DDS web sites are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when We have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of DDS, or for Us to render the Website you have requested.

2.4. User Interactions

2.4.1 Member Disputes

You are solely responsible for your interactions with other users of the Website and any other parties with whom you interact through any Website. DDS reserves the right, but has no obligation, to become involved in any way with these disputes.

2.4.2 Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

3. PRODUCTS & WARRANTY

3.1. Products

The availability of the products described on this site, and the product descriptions, may vary from country to country. Consult your Sales Representative for specific product information.

3.2. Hardware Warranty

DDS hardware is subject to a limited warranty specified in your purchase and sale document. Consult DDS Customer Support or your Sales Representative for specific warranty information.

4. TRADEMARKS AND THIRD PARTY SITES

4.1. Trademarks

Adept, DDS, Mobile Booker Z, MobiRouter, mSlate, MTC, Pathfinder, TaxiBook, Zoro, ZoroPay, and their respective logos are trademarks, registered trademarks, or service marks of DDS. You may not use these or any other DDS trademarks or service marks without the prior written permission of DDS.

4.2. Links to Third Party Sites

DDS may provide links on the Website to third party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your responsibility. DDS makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Website, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of DDS and may collect data or solicit personal information from you. DDS is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of DDS of these linked sites.

5. COPYRIGHT NOTICES/COMPLAINTS

It is DDS’s policy to respond to notices of alleged copyright infringement. In order to provide notice of an alleged copyright violation you must provide in writing: 1) your name; 2) physical address; 3) email address; 4) description of the item(s) potentially infringing; and 5) the location within the Website of the item(s) potentially infringing. Notice must be sent to DDS’ head office postal address. Your notification to DDS, and DDS’s receipt of such alleged infringement is not an admission by DDS of copyright violation.

DDS reserves the right to terminate without notice any User’s access to the DDS Website if that User is determined by DDS to be a “repeat infringer.” In addition, DDS accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

6. UPDATES TO THE SERVICE

You understand that the Website is an evolving one. DDS may require that you accept updates to the Website. You acknowledge and agree that DDS may update the Website with or without notifying you. You may need to update third party software from time to time in order to continue receiving the Website.

7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

7.1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER DDS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “DDS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7.2. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE DDS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE DDS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DDS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL THE DDS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DDS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID DDS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DDS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

7.3. Indemnification

You agree to indemnify, save, and hold DDS, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. DDS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DDS, and you agree to cooperate with DDS’s defense of these claims. DDS will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Website.

8. JURISDICTION

8.1. Law and Forum for Legal Disputes

Any dispute arising out of or related to it or the Website shall be governed in all respects by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DDS must be resolved exclusively by a court located in the City of Vancouver, British Columbia, Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the jurisdiction of the courts located in the City of Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes.

9. SEVERABILITY

You and DDS agree that if any portion of these Terms of Use or of the DDS Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

10. GENERAL PROVISIONS

10.1. Assignment

DDS may assign or delegate these Terms of Use and/or the DDS Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without DDS’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

DDS may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Use.

10.3. Entire Agreement

These Terms of Use, any other applicable DDS policies and any documents expressly incorporated by reference herein (including the DDS Privacy Policy), contain the entire understanding of you and DDS, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Website.

10.4. No Waiver

The failure of DDS to require or enforce strict performance by you of any provision of these Terms of Use or the DDS Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DDS’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by DDS of any provision, condition, or requirement of these Terms of Use or the DDS Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by DDS shall be deemed a modification of these Terms of Use nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of DDS.

10.5. Notices

We may notify you via postings on the Website, via e-mail, or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Use or the DDS Privacy Policy shall be in writing and addressed to: DDS at its head office postal address.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Use to DDS are of a unique and irreplaceable nature, the loss of which shall irreparably harm DDS and which cannot be replaced by monetary damages alone so that DDS shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of any Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website or any content or other material used or displayed through the Website and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).

10.7. Force Majeure

DDS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DDS, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond DDS’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.