Terms of Services
Last Modified: January 20, 2023
1. PERMITTED USE OF THE SITE
2. PROHIBITED USE OF THE SITE
By accessing the Site, you agree that you will not:
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the servers hosting Dibbs’ products, services, and Sites, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any Dibbs’ website or interferes with any other party's use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page.
Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by Dibbs for use in accessing the Site;
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
3. COPYRIGHTS AND TRADEMARKS
The Site is based upon proprietary Dibbs technology including the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Dibbs or its licensors (if any). Dibbs owns and retains all copyrights in the Content. Except as agreed in writing between you and Dibbs. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Dibbs, the Dibbs logos, and our other marks used by Dibbs from time to time are trademarks and the property of Dibbs. The appearance, layout, color scheme, and design of the Site are protected trade dress. Customer does not receive any right or license to use the foregoing. Dibbs may use and incorporate into the Site or the Dibbs Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Dibbs’ designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
4. INFORMATION AND MATERIALS YOU POST OR PROVIDE
You represent that you have all right, title, and interest to materials you post on the Site or provide to Dibbs ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials. You also represent that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
5. LINKS TO THIRD-PARTY WEB SITES
6. DOWNLOADING FILES
Dibbs cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. DISCLAIMERS; LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIBBS AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF DIBBS OR ANY OF DIBBS'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, DIBBS IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF DIBBS AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
9. DISPUTE RESOLUTION
You and Dibbs agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party.
You and Dibbs agree that any such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures (the “Rules”), with the following exceptions to such Rules if in conflict:
- Any arbitration must be commenced within one year after the claim or cause of action arises;
- The arbitration shall be conducted by one neutral arbitrator;
- Service of a demand for arbitration via written notice constitutes sufficient written notice of the demand for arbitration;
- Each side agrees to bear its own attorney’s fees, costs, and expenses.
The Parties agree to abide by all decisions and awards rendered in such proceedings and that such decisions and awards rendered by the arbitrator shall be final and conclusive.
You or Dibbs may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. Each party irrevocably and unconditionally waives any objection that it may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the federal or state courts located in the State of New York.
If for any reason this arbitration clause becomes not applicable or for any other reason litigation proceeds in court, then you and Dibbs agree as follows:
- The parties submit to the exclusive jurisdiction and venue of the federal or state courts located in New York County, New York, and agree not to institute any such action or proceeding in any other court in any other jurisdiction.
10. GENERAL PROVISIONS
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the Content at any time, for any reason or for no reason, without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Last Revised: January 20, 2023
Copyright 2023 Dibbs. All rights reserved
Claims of Copyright Infringement
Dibbs respects the intellectual property rights of others, and we ask our users to do the same. Dibbs may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on the Site, please provide the following information to Dibbs' Copyright Agent.
Contact Dibbs about these Terms of Services:
The Dibbs Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to email@example.com or by sending a letter via U.S. Mail to: Dibbs Group Inc, 129 Nevada St, El Segundo, CA 90245 Attn: Evan Vandenberg, CEO.
Submission of Notification:
To be effective, the Notification must include the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dibbs to locate the material;
4) Information reasonably sufficient to permit Dibbs to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Receipt of Notification:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
a) Dibbs will remove or disable access to the material that is alleged to be infringing;
b) Dibbs will forward the written notification to such alleged infringer (the "Alleged Infringer");
c) Dibbs will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Dibb's Copyright Agent that includes substantially the following:
1) A physical or electronic signature of the Alleged Infringer;
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Dibbs may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
a) Dibbs will promptly provide the Complaining Party with a copy of the Counter Notification;
b) Dibbs will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
c) Dibbs will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Dibbs’ Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Dibbs’ network or system.