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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
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