In addition, when using the Site, you and DSP shall be subject to any posted guidelines or rules applicable to such Sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by any access or use of this Site. Your use of this Site demonstrates and manifests your assent to this Agreement. If you do not agree to this Agreement, do not access and use the Site.
- PERMITTED USE. Subject to these TOU, DSP hereby grants you the right to access and use the Site solely for the following purposes: (i) if you are accessing the Site as an individual, then any and all use of the Site is for your personal, non-commercial use only; or (ii) if you are accessing the Site on behalf of a business entity, then any and all use of the Site must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with DSP. You shall not (iii) send or otherwise post unauthorized commercial communications (such as spam) on the Site; (iv) collect content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the Site’s user interface without our permission; (v) upload viruses or other malicious code to the Site; (vi) do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack; or (vii) facilitate or encourage any violations of this Agreement. DSP retains all rights with respect to the Site except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Site unless specifically authorized in writing by DSP to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Site. Such framing is strictly prohibited under this Agreement. The content and software on the Site are the proprietary property of DSP and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws.
- LINKS TO THIRD PARTY SITES. The Site may contain links or produce search results that reference links to third party websites (“Linked Sites”). DSP has no control over these Linked Sites or the content within them. DSP cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. DSP does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Site to search for or link to another Site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against DSP for any damages or losses whatsoever resulting from such use.
- NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to DSP that you will not use the Site for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- PRIVACY AND DISCLOSURE OF INFORMATION. Your privacy is important to us. DSP is providing this notice to describe and explain our online information practices and the choices you can make about the way your information is collected and used.A. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT. In general, you can visit this Site without telling us who you are or revealing any personal information about yourself. There are times, however, when we may need information from you. Personal information like your name, postal address and e-mail address is obtained only when voluntarily submitted. DSP collects this information in several ways:
- Through the user signing up to receive alerts, information, news, scheduling product demonstrations, entering contests and/or completing surveys.
- Through registration, surveys and other online forms.
- As part of an ongoing sales process.
- While providing technical support, consultation, or product information.
- Through the process of maintaining and upgrading our products.
- Through automated means such as communications protocols, e-mail, communications and cookies.
To provide you with timely, high-quality information, we may also ask you to provide us with information regarding your professional interests and experiences with our products or services. Providing us with this information is optional.
Personal data collected online may also be combined with information you provide to us through other sources such as product registration, call centers, or in conjunction with events such as trade shows, training seminars and conferences. Information that you supply will relate to the relationship that DSP has with you or your organization.
- WEB SERVER LOGS. In the process of administering this Site, we maintain and track usage through Web server logs. Web server logs provide information such as what types of browsers are accessing our Site, what pages receive high traffic, and the times of day our servers experience significant load. We use this information to improve the content and navigation features of our Site. Anonymized or aggregated forms of this data may be used to identify future features and functions to develop for the Site and to provide better customer service.
- WEB BEACONS. Some of our Web pages and HTML-formatted e-mail use Web beacons in conjunction with cookies to compile aggregate statistics about website usage. A Web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view and a description of the page where the Web beacon is placed. You may render some Web beacons unusable by rejecting their associated cookies.
- PERSONALIZED URL LINKS AND PERSONALIZED MESSAGE CONTENT. Occasionally, we may create a unique web URL link for certain visitors. If you visit one of these Sites, you may find forms that are already filled out with your name, or other types of information you have previously indicated an interest in, based on information you have given us before. We may also personalize the content of newsletters, e-mail offers or invitations based on topics in which you have previously indicated an interest. We collect information about how you consume this type of personalized information in order to help us provide you with other information that is better tailored to your interests. If you choose to visit one of these personalized web URL links, you are agreeing to allow DSP to collect information about your visits and also to associate that information with other information about you and your relationship with DSP. If you do not wish your information to be used in this way, do not accept the invitation to visit these Sites.
- HOW WE USE YOUR INFORMATION. DSP may use your personal information to:
- Fulfill subscription requests, orders for software and services made online and to provide other information you request.
- Make the Site easier for you to use.
- Help us customize content most relevant to your interests.
- Notify you about important news concerning DSP.
- Notify you of new products and services, product updates, technical support issues, events and special offers we think you may be interested in.
We do analyze some of our Web services such as registrations, demos, downloads, and e-mail responses at the individual level in order to improve the quality of those offerings and to better tailor our marketing to our customers’ needs.
- HOW WE SHARE YOUR INFORMATION. We may share the personal data you provide with other DSP entities and/or business partners for purposes related to those described above. We will not sell, rent or lease to others your personally identifiable information. DSP reserves the right to disclose any and all pertinent information to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate.
- CHOICE / OPT-OUT. DSP offers you the choice of receiving different types of communication and information related to our company, products and services. You may subscribe to e-newsletters or other publications; you may also elect to receive marketing communications and other special offers from us via e-mail. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism for your convenience.
- OUR COMMITMENT TO DATA SECURITY. DSP is concerned about the security of your information. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption technology when collecting or transferring sensitive data such as credit card information. Credit card numbers are used only for processing payment and are not used for other purposes.
- OWNERSHIP OF USER SUBMITTED CONTENT. You agree that any and all information and content that you provide to the Site becomes the exclusive property of DSP, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to DSP upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
- PRODUCT SALES. DSP does and will periodically offer products and/or services for sale on the Site. These products may include but will not necessarily be limited to videos, ebooks, private web portals, question and answer services, webinars and other similar services and any other product or service offer for sale on the Site (the “Products”). The Products are not substitutes for medical advice or treatment and are not intended to diagnosis, treat, cure or prevent any disease or condition. The PRODUCTS have no warranty or guarantee of any kind.
- WARRANTY DISCLAIMER. DSP does not promise that the Site or the Products will be error-free, uninterrupted, nor that the Site or Products will provide specific results from your use of any content, search or link on them. The Site and the Products and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. DSP does not warrant or represent that files you download from the Site or that any Product you purchase will be free of viruses or other harmful features. DSP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AS THE SITE AND THE PRODUCTS.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL DSP, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE OR THE PRODUCTS. IN NO EVENT SHALL DSP’s AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF DSP’s AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE OR THE PRODUCTS EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO DSP FOR ACCESSING THIS SITE OR THE PRODUCTS; OR (B) FIVE U.S. DOLLARS ($5.00).
- ADDITIONAL REPRESENTATIONS AND WARRANTIESYou represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Site in accordance with these TOU.
- Each party to this Agreement will be responsible for their own agents’ and employees’ acts and omissions within the scope of their duties which cause injury to persons or property and shall indemnify the other from any liability to third parties arising from or related to a breach of this covenant or the Agreement. Notwithstanding the above, neither shall be responsible for punitive damages assessed against its employees or agents, nor for its employees’ or agents’ criminal conduct. Nothing herein is a waiver of sovereign immunity or any other defense available to either party.
- IRREPARABLE HARM AND INJUNCTIVE RELIEF. The Site and the information and content made available through such Sites is the result of enormous investment by DSP in collecting, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of this Agreement. By using the Site, you hereby acknowledge and recognize the uniqueness of the services provided by the Site and DSP’s substantial investments in such Sites as described herein, such that a violation of Section 1 of this Agreement by you will result in irreparable harm to DSP for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of Section 1, DSP shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that DSP will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.
- DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. DSP respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Site has been copied in such a way to constitute copyright infringement, please contact us at:
One Mifflin Place, Suite 400
Cambridge, Massachusetts 02138
- This Agreement shall be governed in all respects by the laws of the State of Massachusetts, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and the federal courts in the State of Massachusetts, USA, and further agree that any cause of action arising under or relating to this Agreement or your use of the Site shall be brought exclusively in such venue. Notwithstanding the foregoing, DSP may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. In the event of any dispute between you and DSP arising under or relating to this Agreement or your use of the Site in which DSP is the prevailing party, you agree that you will pay DSP’ reasonable attorneys’ fees in connection with DSP’ commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against DSP. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. DSP’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
- INFORMATIONAL ONLY. The information displayed in this Site is susceptible to some degree of error due to the collection, entry, and geoprocessing of the data. No warranty, representation, or guarantee whatsoever is made or implied regarding the content, accuracy (including, without limitation, geographic accuracy), timeliness, completeness, or sequence of any of the information contained in this Site. Neither you, nor any other person, should rely on the data provided herein for any reason; the owners and operators of this Site as well as all directors, officers, employees, agents, and affiliates of DSP shall not be held responsible for any errors or omissions in this Site or produced by any secondary dissemination of this information.
- NOTICE OF ERRORS. If you believe that any information on this Site is in error, please be advised that we receive all of our information from state or local authorities, and you should therefore contact your local police or sheriff’s department; such authorities will be able to assist you directly or refer you to another appropriate authority.
- CONDITION OF USE. You understand and agree to each and every provision contained in this disclaimer and waive any and all rights and claims you may or might have against the owners and operators of this Site as well as against all directors, officers, employees, agents, and affiliates of DSP arising from your use of this Site.
- The Site is not intended for use by anyone under the age of 13 years old. By using the Site, you are representing to DSP that you are at least 13 years old.
- CHILD ONLINE PROTECTION ACT NOTIFICATION. Pursuant to 47 U.S.C. Section 230(d) as amended, DSP hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
- EXPORT CONTROL INFORMATION. Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote DSP’s services and other products available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by DSP from its offices within the United States of America. DSP makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If you access the Site from outside the United States and are located in a county embargoed by the United States or are on the United States Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities or operate a platform application or Site in connection with the Site. Further, no software from the Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.