TERMS AND CONDITIONS OF USE

 

Welcome to DCSNetlink.com. It is an informational tool provided and owned by Deutsch’s, Inc. (“DCS”). These Terms and Conditions of Use (“Terms”) govern your use of the DCSNetlink.com website and all related pages, information, databases, materials and services (collectively, the “Site”). If you do not accept these Terms, we respectfully request that you do not continue use of this Site. Use of this Site indicates your acceptance of these Terms.

 

License

You may only use this Site if you are at least 18 years of age. These Terms are a contract between you and DCS. By accessing any portion of the Site, you have a limited license to use its contents for your personal, non-commercial use according to the Terms. These Terms cannot be waived or modified by any oral communications between you and DCS. If you have questions regarding these Terms, please contact DCS at (715) 236-7424.

 

Updating Terms

DCS reserves the right, at its discretion, to change, delete, and update portions of these Terms at any time. You should review these Terms periodically for changes. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms.

 

If you have an account or other relationship with DCS, that relationship is governed by the agreement specific to that account or arrangement. The terms of these other agreements are not altered by these Terms or by any content on the Site, provided that nothing in these other agreements shall diminish the protections and rights provided to DCS under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and DCS with respect to the use of Site. Information regarding DCS's Privacy Policy can be found by clicking here.

 

DCS Website Registration Information and Unauthorized Use

When you register or sign-up for any DCS services, you agree to provide true, accurate, current and complete information. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from DCS for any purpose.

 

DCS requires that you agree not to share your registration information (including without limitation, passwords and usernames) with another person. This requirement will assist in preventing unauthorized use or misuse of the Site and protect you, DCS and other Site users. By using or registering to use the Site, you agree to be responsible for all statements, transactions, and transmissions that occur within any Site or DCS services through the use of your registration information. If you believe that someone has used your registration information to access any DCS services without your authorization, please contact us immediately. Please click here for our contact information.

 

Your license to use the Site includes the limited right to view, bookmark, download and print, for your personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by DCS at any time under the circumstances described in these Terms.

 

If you provide DCS with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold DCS responsible for any misuse or unauthorized viewing of that information.

 

Restrictions on Use of DCS Materials

The contents and use of the Site (including DCS's name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not:

(i) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;

(ii) copy, modify, distribute, create any derivative or compilation work from, or display DCS's name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;

(iii) use any device designed to provide repeated automated access to any Site other than those made generally available by DCS;

(iv) include “DCS,” “DCS Netlink,” any other DCS trademarked materials, the name of any DCS personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between DCS and you, any other party, or any other website, or otherwise use these items without DCS’s express written permission;

(v) collect or store personal data about other users of the Site;

(vi) upload, e-mail or otherwise transmit to DCS or through the Site or any DCS computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by DCS; or

(vii) create a link to any Site without DCS's prior written permission.

 

DCS does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does DCS endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.

 

Termination, Removal of Materials, and Monitoring

You agree that DCS may terminate, restrict, or suspend part or all of your license to access the Site and delete any content transmitted to or through the Site, at any time without prior notice to you and without any liability to you. DCS also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in DCS’s sole discretion, may create liability for DCS, its agents or its contractors or may affect DCS business relationships or contracts with its agents or its contractors. DCS further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though DCS shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree DCS has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner; and you release DCS from any liability related to its monitoring activities. If DCS denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials.

 

Website Linking and Cautions About Third-Party Information Included in Site

For your general informational use only, DCS may provide access to third party websites. DCS is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any Site via hyperlink, whether such hyperlink is provided by DCS or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which DCS may link). By providing access to other websites, DCS is not recommending or supporting any third party, or recommending the purchase or sale of any products or services of a third party, nor is DCS endorsing or acknowledging that it is affiliated with any website's sponsoring organization.

 

DCS may include third party information in the Site for general informational purposes only. DCS is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree DCS does not guarantee, and is not be liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and DCS is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom DCS conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, affiliation, or sponsorship among DCS and such third parties or you or make the third parties or you partners or joint venturers with DCS, or otherwise provide you or any third parties with any rights to act on DCS’s behalf.

 

Disclaimers and Limitations of Liability

In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your personal information for unauthorized or illegal purposes.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT). YOU AGREE THAT DCS IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATABILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, OR THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL DCS BE LIABLE TO YOU FOR ANY DAMAGES THAT MAY RESULT TO YOU FROM YOUR USE OF THE SITE, OR THE MATERIALS AND SERVICES CONTAINED ON THE SITE (INCLUDING BUT NOT LIMITED TO, DAMAGES OR INJURY TO YOU CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE RELATED TO THE SITE, ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT OR DATA, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON THE SITE), UNLESS ARISING SOLELY AND DIRECTLY FROM DCS’S WILLFUL MISCONDUCT.

 

IN ANY EVENT, YOU AGREE THAT DCS IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES; AND IN NO EVENT SHALL DCS’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY DCS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST DCS, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

 

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify DCS (and any third party information or service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your: (i) breach of these Terms, (ii) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (iii) violation of any applicable law, rule or regulation, or (iv) negligence, recklessness, or misconduct.

 

Applicable Law and Arbitration of Disputes

DCS controls and operates the Site from our offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to DCS and your use of the Site. Any and all disputes arising under or relating to this Site shall be finally resolved by binding arbitration by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon such an award may be entered by any court of competent jurisdiction. The arbitrator will be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration pursuant to these Terms. Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the use of the Site shall be in Milwaukee County, Wisconsin.

 

Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Additional Terms

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

 

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, DCS designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to DCS's designated agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on any Site;

(iv) your address, telephone number, and e-mail address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

DCS's designated agent for notification may be contacted at:

 

By Mail:
Mr. Dane Deutsch
1800 Macauley Ave.
Rice Lake, WI 54868

By Phone: (715) 236-7424

By Fax: (715) 236-7423

By E-mail: copyrightagent@dcsnetlink.com