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Welcome to DAAH!
SOLUTIONS Inc. (referred to as "DAAH! SOLUTIONS") where
affordable web design is the name of the game. This DAAH! SOLUTIONS
Services Client Agreement (the "Agreement") explains the
terms and conditions governing your use of DAAH! SOLUTIONS's services,
technology, and any other content available on the DAAH! SOLUTIONS
service. By subscribing to DAAH! Solutions Inc Services, you accept
these terms and conditions and acknowledge that the DAAH! SOLUTIONS
service is subject to certain limitations set forth below. If you
do not wish to accept this agreement, do not purchase this service.
By registering and purchasing any DAAH! SOLUTIONS service, you agree
to use the DAAH! SOLUTIONS service in a manner consistent with all
applicable laws and regulations and in accordance with the terms
and conditions outlined below.
1. Services
(a) Generally. Purchasing DAAH! SOLUTIONS's service entitles you
(a "Client") to all the tools, content, and services available
on the system regardless of your use of them.
If you would like to switch DAAH! SOLUTIONS services, please contact
Customer Care or apply the changes on your own (in your "Account
Summary" in the Customer Login Area.
(b) DAAH! SOLUTIONS Services and Technology: You will be able to
use the proprietary and licensed technology incorporated in the
DAAH! SOLUTIONS Service to build and maintain your web site ("Client
Site") ("Technology"). DAAH! SOLUTIONS may offer
other tools and services that are not included in any DAAH! SOLUTIONS
Service, including premium or custom services for which an additional
fee will apply. Separate terms and conditions apply for each DAAH!
SOLUTIONS Solution and will be outlined in a separate agreement.
2. Payment Terms
(a) For access to and use of any DAAH! SOLUTIONS Service,
you agree to pay all fees and charges specified in the DAAH! SOLUTIONS
Service fee schedule. All fees are due immediately and are non-refundable.
DAAH! SOLUTIONS asks that you provide us with your credit card information
for payment, and all charges you incur for use of the DAAH! SOLUTIONS
Service will be charged to the credit card number you provide. If
DAAH! SOLUTIONS does not receive payment from the card issuer, you
agree to pay DAAH! SOLUTIONS all amounts due upon demand. DAAH!
SOLUTIONS may take commercially reasonable actions to validate your
credit card and collect all payments due. You agree to pay all attorney
and collection fees arising from any efforts to collect any past
due amounts from you to the extent allowed by law. You understand
that if DAAH! SOLUTIONS does not receive timely payment of all amounts
due for any Solution you purchase, your use of any DAAH! SOLUTIONS
Service or Solution may be severely restricted or terminated at
DAAH! SOLUTIONS's sole discretion. This includes any Information
you provide to DAAH! SOLUTIONS while using any DAAH! SOLUTIONS Service
or Solution.
THE FEE FOR ANY DAAH! SOLUTIONS SERVICE IS NONREFUNDABLE. DAAH!
SOLUTIONS WILL NOT REFUND ANY FEES PAID BY YOU IF YOU TERMINATE
YOUR AGREEMENT WITH US.
(b) DAAH! SOLUTIONS reserves the right at its sole discretion
and as it deems appropriate to add or remove certain services it
offers and change its fees for any services in accordance with Section
4.
(c) You agree to notify DAAH! SOLUTIONS immediately if you
suspect unauthorized use of the DAAH! SOLUTIONS Service, your credit
card, or your password. Under the Fair Credit Billing Act, your
credit card provider cannot hold you liable for more than $50 of
fraudulent charges. Subject to the following, if your credit card
provider holds you liable for any of this $50, DAAH! SOLUTIONS will
cover your entire liability up to the full $50. DAAH! SOLUTIONS
will cover this liability only if the unauthorized use of your credit
card is solely a result of a negligent act or omission by DAAH!
SOLUTIONS, and only for purchases made at DAAH! SOLUTIONS while
using the secure server. In the event of an unauthorized use of
your credit card, you must notify your credit card provider in accordance
with its reporting rules and procedures.
(d) You agree to pay any taxes, including personal property taxes
or sales taxes (GST for Canadian Customers), resulting from your
use of the DAAH! SOLUTIONS Services. You agree to pay all attorney
and collection fees arising from our efforts to collect any past
due amounts from you to the extent allowed by law.
3. Restrictions and Description of Prohibited Acts
(a) You may not use the DAAH! SOLUTIONS Service or DAAH! SOLUTIONS
Solution, the selection of a web address for your Client Site, the
Technology, or the Client Site to, including, but not limited to:
(i) display material containing pornographic material or adult paraphernalia
of any kind, whether viewable by the general public or hidden in
password protected areas
(ii) provide material that is grossly offensive to the DAAH! SOLUTIONS
online community, including blatant expressions of bigotry, prejudice,
racism, hatred, or profanity, or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable
content
(iii) sell or promote any products or services that are unlawful
in the location at which the content is posted or received
(iv) access illegally or without authorization any computers, accounts,
or networks of DAAH! SOLUTIONS or any DAAH! SOLUTIONS Client, or
attempt to penetrate DAAH! SOLUTIONS's security measures ("hacking"),
or conduct a port scan, stealth scan, or other information-gathering
activity the intent of which is to gather information to be used
to attempt a system penetration; or upload to DAAH! SOLUTIONS, send
through DAAH! SOLUTIONS, or have DAAH! SOLUTIONS host or distribute
any Internet viruses, worms, Trojan horses, other harmful code,
pinging, flooding, mail bombing, or denial-of-service attacks; or
disrupt the use of or interfere with the ability of others to effectively
use an DAAH! SOLUTIONS Service or any connected network, system,
service, or equipment
(v) display material that exploits, or otherwise exploit, children
under 18 years of age
(vi) post any content or otherwise infringe in any way or violate
any copyright, patent, trademark, service mark, trade name, trade
secret, or other intellectual property right of any third party
(vii) promote, solicit, or participate in pyramid schemes
(viii) post any content that holds DAAH! SOLUTIONS up to public
scorn or ridicule
(ix) engage in any libellous, defamatory, scandalous, threatening,
or harassing activity
(x) post or disclose any personally identifying information or private
information about children or any third parties without their consent
(or their parents' consent, in case of a minor)
(xi) post any content that advocates, promotes, or otherwise encourages
violence against any governments, organizations, groups, or individuals
or that provides instruction, information, or assistance in causing
or carrying out such violence.
(xii) post any information, images or content that DAAH! SOLUTIONS
(in its sole discretion) deems immoral or unfit for general public
consumption.
(b) You agree that without the express consent of DAAH! SOLUTIONS
(and showing proof of the appropriate licenses where necessary or
appropriate), you will never provide, sell, or offer to sell the
following products or content (or services related to the same)
on the Client Site you create: pharmaceutical or any other controlled
substances; illegal drugs; illegal drug contraband; alcohol; firearms;
weapons; pirated computer programs; pornography or illicitly pornographic
sexual products; adult paraphernalia; programs to "nuke"
or create attacks against another individual or an Internet service
provider; illegal goods; escort services; instructions on how to
assemble or otherwise make bombs, grenades, or other weapons; information
used to circumvent manufacturer-installed copy-protect devices;
or computer software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional
information about: illegal activities, activities that can lead
to physical harm to any group or individual, or any activities that
lead to cruelty to animals. You may not use the DAAH! SOLUTIONS
Service, Technology, or Client Site in any high-risk activities
where damage or injury to persons, property, environment, or business
may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR
SUCH USE.
(d) Unless DAAH! SOLUTIONS offers a service to conduct any of the
following, you agree that you will never conduct the following types
of activities on the Client Site: gambling; sweepstakes; raffles;
lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited
commercial Email (spam).
(e) You agree that you will not (and you will not allow any third
party to) partake in the following actions: reverse engineering,
reverse compiling or otherwise deriving the underlying source code
or structure or sequence of any DAAH! SOLUTIONS Service, DAAH! SOLUTIONS
Solution, or any Technology; individual passwording of Client Sites
(or pages contained therein); deleting or altering author attributes
or copyright notices, unless expressly permitted in writing by the
author or owner; and/or fail to obtain all required permissions
when using an DAAH! SOLUTIONS Service, DAAH! SOLUTIONS Solution,
or Technology to receive, upload, download, display, distribute,
or execute programs or perform other works protected by intellectual-property
laws, including copyright and patent laws.
(f) You agree and acknowledge that at all times, DAAH! SOLUTIONS
retains all rights to the graphical design of the website or template
used by you as a paying customer. Images are licensed royalty-free
images that DAAH! SOLUTIONS does not sell, sublicense or offer for
lease to any customers before, during or after their time with DAAH!
SOLUTIONS as a customer.
4. Changes to the Terms and Conditions
DAAH! SOLUTIONS may at any time, with notice of not less than thirty
(30) days, change its fees and change the terms of this Agreement.
Except for the addition of new tools and services, DAAH! SOLUTIONS
will also give reasonable notice before any modification of the
then-current DAAH! SOLUTIONS Service that could change your Client
Site. DAAH! SOLUTIONS will announce changes to our fees and charges
by posting them in the Home section of our service (first page once
a customer logs into to Client Area). DAAH! SOLUTIONS may, at its
discretion, supplement such notice by sending you an email or by
putting a popup notice on your screen when you access the DAAH!
SOLUTIONS Service, or by sending you a letter. If you find any change
to be unacceptable, you are free to terminate this greement by following
the steps described in Section 8.
5. DAAH! SOLUTIONS Signature
DAAH! SOLUTIONS relies on the ongoing support of its customers to
help fund the services it offers its Clients. Accordingly, DAAH!
SOLUTIONS reserves the right to include its signature in text ("online
website builder: DAAH! SOLUTIONS ") at the bottom of each web
page DAAH! SOLUTIONS hosts. This will be unobtrusive so as not to
detract or in any way distract our customers' web site visitors.
6. Information About You and Your Business
(a) DAAH! SOLUTIONS is committed to protecting your privacy. DAAH!
SOLUTIONS will never sell personally identifiable information about
you or your business to any third party without first receiving
your permission, and all uses of any personally identifiable information
about you or your business will be subject to our Privacy Policy.
(b) In order to protect you, DAAH! SOLUTIONS uses state-of-the-art
technology to protect your data from unauthorized third parties.
Currently DAAH! SOLUTIONS uses Secure Sockets Layer (SSL) software
to protect your data and secure your transactions. SSL encrypts
or "scrambles" all your personal information, including
your credit card number, name, and address, as it is transmitted
over the Internet. For more details, please visit Security.
7. DAAH! SOLUTIONS Rights
(a) Client Site Content Changes. DAAH! SOLUTIONS reserves the right
to make changes to Client Site upon written request by you to Customer
Care to do so, such as through email, or upon breach of any of the
provisions of this Agreement by providing you notice of such breach
and reasonable time, determined by DAAH! SOLUTIONS at its sole discretion,
to rectify the infringing content. If after such time has expired
the Client Site does not conform to DAAH! SOLUTIONS's satisfaction,
DAAH! SOLUTIONS may make changes to the content of Client Site to
bring it to compliance with this Agreement. Client agrees not to
hold DAAH! SOLUTIONS liable for any foreseeable, unforeseeable,
direct, or indirect consequences that may result from changes made
by Customer Support to Client Site in response to Client request
to do so or in response to a Client Site that breaches this Agreement.
DAAH! SOLUTIONS's decisions are final and binding. Notwithstanding
the above, DAAH! SOLUTIONS also reserves the right to discontinue
the provision of any or all aspects of the DAAH! SOLUTIONS Service
or any DAAH! SOLUTIONS Solution to any Client for any breach of
this Agreement.
(b) Communications. You will receive a confirmation email from us
at the time of registration. Once registered, you can set your email
subscription preferences by clicking on the My Account link in the
upper right corner of the Service, then choosing the Email Subscriptions
link. If you choose to receive Client communications, you may choose
to change your email preferences at any time by following the instructions
above. DAAH! SOLUTIONS reserves the right to communicate with all
Clients regardless of their email subscriptions in the event that
important messages need to be communicated to Clients, including,
but not limited to, service outages, material changes or modifications
to the service, and notice of changes to this Agreement.
8. Term/Termination
(a) Term.
This agreement shall be effective upon when you click on the Continue
button until terminated in accordance with the provisions below.
(b) Termination
by DAAH! SOLUTIONS.
(i) DAAH! SOLUTIONS may at any time without notice to you discontinue
any or all aspects of the DAAH! SOLUTIONS Service or restrict your
use of the DAAH! SOLUTIONS Service in whole or in part for any breach
of this Agreement by you; or if DAAH! SOLUTIONS determines in its
sole and exclusive judgment that terminating your use of the DAAH!
SOLUTIONS Service is necessary for security reasons or for proper
continued operation of the DAAH! SOLUTIONS Service; or your use
of the DAAH! SOLUTIONS Service, DAAH! SOLUTIONS Solution, or Technology
is not for legitimate business purposes, or your use of the DAAH!
SOLUTIONS Service violates any laws or regulation; or if DAAH! SOLUTIONS
receives information that the DAAH! SOLUTIONS Service or your use
of the DAAH! SOLUTIONS Service (or any part thereof) may violate
any third-party right.
(ii) DAAH! SOLUTIONS may at any time, with thirty (30) days notice
to you, modify or discontinue any or all aspects of the DAAH! SOLUTIONS
Service.
(iii) DAAH! SOLUTIONS may at any time, with ten (10) days notice
to you, modify or discontinue any or all aspects of the DAAH! SOLUTIONS
Service or any DAAH! SOLUTIONS Solution, if the credit card number
you provide DAAH! SOLUTIONS expires, or if DAAH! SOLUTIONS is unable
to charge valid charges to that credit card number, or if you otherwise
fail to make payments due to DAAH! SOLUTIONS hereunder.
(iv) Upon termination of this Agreement, all rights granted to you
under this Agreement shall terminate immediately. If DAAH! SOLUTIONS
terminates this Agreement or suspends your access to the DAAH! SOLUTIONS
Service, you will remain liable for the full charge for the period
during which we terminate or suspend your DAAH! SOLUTIONS Service.
Following such termination or suspension, you agree not to reregister
for or otherwise access the DAAH! SOLUTIONS Services without DAAH!
SOLUTIONS's prior written approval. DAAH! SOLUTIONS reserves the
right to delete any data files associated with your use of the DAAH!
SOLUTIONS Service upon termination of this Agreement.
(v) In the event that a charge back occurs on your credit card which
is your responsibility (for example, insufficient funds) then you
agree to cover the $25 US charge. If the error is as a result of
DAAH! SOLUTIONS's mistake, no charge back fee will apply.
(c) Termination by You.
You may cancel your DAAH! SOLUTIONS Service at any time. To cancel,
you must submit a written request to Customer Care at least five
(5) business days before the beginning of your next billing period.
If your notice to DAAH! SOLUTIONS is within this five (5) business-day
period before the beginning of your next billing period, you will
be charged for the subsequent billing period, and the cancellation
will take effect for the following billing period. Any cancellations
that occur after the monthly payment is withdrawn from your credit
card are non-refundable and are not pro-rated.
Effects of Cancellation
If you cancel your DAAH! SOLUTIONS Service, then as of the end of
the applicable billing period, you will no longer have access to
any of the tools and services included in the service, therefore:
(i) DAAH! SOLUTIONS will no longer host your web site, and all of
your Information will be deleted
(ii) you will no longer have access to any site building services,
communication tools, or reports
(iii) you will no longer have access to your Web Mail, and any files,
emails, attachments, email addresses, and any other information
or content included in your Web Mail account will be deleted
(iv) you will have no rights to the graphics or design DAAH! SOLUTIONS
has provided once cancellation is in effect (i.e.: design and graphics
are the sole property of DAAH! SOLUTIONS).
DAAH! SOLUTIONS IS NOT RESPONSIBLE FOR THE DELETION OF ANY FILE,
ATTACHMENT, INFORMATION, CONTENT, OR ANY OTHER CONSEQUENCE OF YOUR
DECISION TO CANCEL THIS SERVICE.
9. Indemnification
You agree to indemnify DAAH! SOLUTIONS and hold DAAH! SOLUTIONS
harmless against any and all liabilities, cost, and expenses, including
reasonable attorney's fees related to or arising from:
(i) your use of the DAAH! SOLUTIONS Service in a way that is prohibited
or restricted under this agreement
(ii) infringement of any copyright, trademark, intellectual property,
or other right or patent by any material you post or use on your
Client Site
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libellous material posted on your
Client Site.
10. Reporting Violations
DAAH! SOLUTIONS does not routinely monitor the content of Client
Sites but will investigate complaints of a violation of third-party
rights. Violations or infringement of a third-party copyright, other
intellectual property right, or other right will be dealt with in
accordance with the DAAH! SOLUTIONS policy.
11. Proprietary Rights
As between the parties, DAAH! SOLUTIONS acknowledges that it claims
no proprietary rights in your Information or any intellectual property
right contained therein. As between the parties, you acknowledge
and agree that DAAH! SOLUTIONS and its licensors own all right,
title, and interest in:
(a) the DAAH! SOLUTIONS Service or any DAAH! SOLUTIONS Solution
(b) the Technology available on the DAAH! SOLUTIONS Service or DAAH!
SOLUTIONS Solution
(c) and all content, including but not limited to text, software,
music, sound, photographs, video, graphics, or other material contained
or maintained on the DAAH! SOLUTIONS Service or DAAH! SOLUTIONS
Solution (collectively "DAAH! SOLUTIONS Content"), excluding
all Client Information.
In addition, you agree that the DAAH! SOLUTIONS Content and Technology
available on the DAAH! SOLUTIONS Service or any DAAH! SOLUTIONS
Solution is protected by Canadian, U.S. and international copyrights,
trademarks, service marks, patents, or other proprietary rights
and laws; therefore, you are permitted to use this DAAH! SOLUTIONS
Content and Technology only as expressly authorized by DAAH! SOLUTIONS.
You also understand and agree that the compilation, collection,
selection, arrangement, assembly, and coordination of all DAAH!
SOLUTIONS Content available on the DAAH! SOLUTIONS Service or DAAH!
SOLUTIONS Solution is the exclusive property of DAAH! SOLUTIONS
and its licensors and protected by U.S. and international copyright
laws. You agree that, except as expressly authorized by DAAH! SOLUTIONS,
all the DAAH! SOLUTIONS Content and Technology available on the
DAAH! SOLUTIONS Service or DAAH! SOLUTIONS Solution may be used
by you only for your internal business and data-gathering purposes.
You may not make, use, sell, copy, reproduce, distribute, transmit,
or create derivative works from this DAAH! SOLUTIONS Content or
Technology without expressly being authorized to do so by DAAH!
SOLUTIONS.
12. Trademarks
DAAH! SOLUTIONS (TM), what the web can be (TM), DAAH! SOLUTIONS
solutions (TM) and other pending and/or registered trademarks and
service marks, and other graphics, logos, and service names used
by DAAH! SOLUTIONS on the DAAH! SOLUTIONS Service or DAAH! SOLUTIONS
Solutions to identify the products or services of DAAH! SOLUTIONS
(collectively the "DAAH! SOLUTIONS Trademarks") are the
trademarks of DAAH! SOLUTIONS. You agree not to use the DAAH! SOLUTIONS
Trademarks in connection with your products or services or any third-party
products or services or in any manner that disparages or discredits
DAAH! SOLUTIONS. All other brands and names (including third-party
product names) used on the DAAH! SOLUTIONS Service are the property
of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS
AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN
NO EVENT WILL DAAH! SOLUTIONS, OUR AFFILIATES, CONTRACTORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DELIVERING THE DAAH! SOLUTIONS SERVICE,
TECHNOLOGY, OR CONTENT AVAILABLE ON THE DAAH! SOLUTIONS SERVICE
("DAAH! SOLUTIONS AFFILIATES"), BE LIABLE TO YOU IN ANY
MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN
RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE DAAH! SOLUTIONS
SERVICE
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES, OR TECHNOLOGY
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS
OF PROFITS, EVEN IF DAAH! SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF DAAH! SOLUTIONS AND THE DAAH! SOLUTIONS
AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS
OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE
PAID TO DAAH! SOLUTIONS DURING THE TERM OF THIS AGREEMENT FOR ANY
DAAH! SOLUTIONS SERVICE, DAAH! SOLUTIONS SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS
OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS DAAH! SOLUTIONS OR ANY DAAH! SOLUTIONS AFFILIATE
LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR
RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM
ANY CAUSE BEYOND DAAH! SOLUTIONS'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE
CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED
TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION
OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish
your site, you can expect 99 percent availability in any calendar
month, excluding scheduled maintenance or outages beyond our control
or other third-party service provider outages. Your published site
is available when end users are able to download your homepage from
DAAH! SOLUTIONS.
If, for some reason beyond our control, the DAAH! SOLUTIONS service
in unavailable to you and your customers for less than 80% of the
time (calendar month), DAAH! SOLUTIONS will provide a refund for
the affected month. You acknowledge that in no way will DAAH! SOLUTIONS
be held financially responsible for any loss of business / service
as a result of downtime of your web site or the improper functioning
of it. Please report any technical problems to Customer Care.
Once an DAAH! SOLUTIONS refund is given (for affected calendar month),
it will be applied to your next billing cycle. If a credit is necessary,
you will receive the appropriate credit within 6 to 8 weeks of the
end of the month in which the Performance Guarantee was breached.
In no event will DAAH! SOLUTIONS refund any portion of the package
service fee. Availability shall be calculated solely by DAAH! SOLUTIONS.
This Performance Guarantee does not apply to any technology offered
to you in a "preview" or "beta" mode.
The remedy stated above is your sole remedy for any breach of the
Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY CLIENT SITE DO NOT REFLECT
THOSE OF DAAH! SOLUTIONS, AND DAAH! SOLUTIONS DOES NOT REVIEW, VERIFY,
ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OR LEGITIMACY OF ANY
CLIENT SITES. DAAH! SOLUTIONS IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY CLIENT PAGE. CLIENTS ARE SOLELY RESPONSIBLE FOR EVERYTHING
CONTAINED IN THEIR OWN CLIENT SITE. CLIENTS MAY BE HELD LEGALLY
LIABLE FOR THE CONTENTS OF THEIR CLIENT SITE AND MAY BE HELD LEGALLY
ACCOUNTABLE IF THEIR CLIENT SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY
COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT,
OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF
THE AUTHOR OR OWNER.
(b) DAAH! SOLUTIONS IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY
OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE DAAH! SOLUTIONS
NETWORK OR THROUGH ANY DAAH! SOLUTIONS AFFILIATE PROGRAM OR THROUGH
THE CLIENT SITES.
(c) EXCEPT FOR 14(a), ALL DAAH! SOLUTIONS SERVICE, CONTENT, AND
TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE DAAH! SOLUTIONS SERVICE
ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, NEITHER DAAH! SOLUTIONS NOR DAAH! SOLUTIONS'S
LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH
RESPECT TO THE DAAH! SOLUTIONS SERVICE, CONTENT, TECHNOLOGY, OR
PRODUCTS THAT DAAH! SOLUTIONS OR ITS LICENSORS OR ANY OTHER THIRD
PARTY PROVIDES, AND DAAH! SOLUTIONS AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT
TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN
THAT THE DAAH! SOLUTIONS SERVICE OR TECHNOLOGY IS ERROR-FREE. DAAH!
SOLUTIONS AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY
OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(d) DAAH! SOLUTIONS DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES
WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR
INFORMATION. DAAH! SOLUTIONS AND ITS LICENSORS ARE NOT RESPONSIBLE
FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE
CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE DAAH! SOLUTIONS
SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS,
AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL
RISK FOR SUCH USE OF THE DAAH! SOLUTIONS SERVICE, DAAH! SOLUTIONS
SOLUTION, OR TECHNOLOGY.
(f) DAAH! SOLUTIONS MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES.
YOU ACKNOWLEDGE AND AGREE THAT DAAH! SOLUTIONS IS NOT RESPONSIBLE
FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES
NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING,
PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR
RESOURCES. YOU ALSO AGREE THAT DAAH! SOLUTIONS SHALL NOT BE RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED
OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE
ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL
THIRD-PARTY SITES.
(g) DAAH! SOLUTIONS makes no warranty, pledge or guarantee as to
the effect of Search Engine Marketing or Positioning on your business
results.
15. Miscellaneous
(a) This Agreement shall be governed by and construed in accordance
with Canadian federal laws, Ontario Provincial laws, Quebec Provincial
Laws and U.S. federal laws, excluding its conflict-of-law provisions.
The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or
regulation that provides that the language of a contract shall be
construed against the drafter shall not apply to this Agreement.
You agree to submit to the exclusive jurisdiction of the federal
and provincial courts of the province of Quebec, which are located
in Montreal,QC. If local laws prohibit your participation in any
part of the DAAH! SOLUTIONS Service, or use of them, then you are
responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and DAAH! SOLUTIONS will be
settled by arbitration in Toronto, ON, in accordance with the provincial
regulations then in force, and you agree that all negotiations,
discussions, and settlements shall be subject to obligations of
confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary
to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either
via email or conventional mail, or by posting such notices on the
DAAH! SOLUTIONS Service. DAAH! SOLUTIONS may broadcast notices or
messages through the DAAH! SOLUTIONS Service to inform you of changes
to this Agreement, the DAAH! SOLUTIONS Service, or other matters
of importance; such broadcasts shall constitute notice to you. All
notices to DAAH! SOLUTIONS from you must be made in writing via
our Customer Care form.
(e) DAAH! SOLUTIONS's failure to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by DAAH! SOLUTIONS
in writing.
(f) Except in the event that you purchase any DAAH! SOLUTIONS Solution,
this Agreement comprises the entire agreement between you and DAAH!
SOLUTIONS and supersedes all prior agreements between the parties
regarding the subject matter contained herein. Should you choose
to purchase any DAAH! SOLUTIONS Solution, you will be bound by all
terms and conditions relating to the provision of such DAAH! SOLUTIONS
Solution.
(g) Your Clientship in the DAAH! SOLUTIONS Service and any of your
rights hereunder may not be assigned or transferred to any third
party. DAAH! SOLUTIONS reserves the right to assign this agreement
to any third party that acquires all or substantially all of its
relevant business or assets.
(h) The section titles in this Agreement are solely used for the
convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years,
have read this Agreement, and agree to be bound by its terms and
conditions.
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