| TERMS & CONDITIONS
GENERAL
Use of or access to the DISYS web site, products, or services, or the transmission of any information or material to or through DISYS using the Internet or any DISYS product or service, constitutes your agreement to be bound by the terms and conditions herein, and any applicable end-user agreements for specific products or services, including the payment of standard rates and charges for the use of DISYS products and services, whether or not you have explicitly executed a written agreement with DISYS.
DISCLAIMER
The Digital Intelligence Systems, Corp. (“DISYS”) web site contains information and press releases about the company While this information is believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content.
DISYS makes no warranty, express or implied, with respect to the content, information, products, or services provided by DISYS or through the web site, except as provided directly to DISYS customers through a written agreement. DISYS makes no guarantee of the accuracy, correctness or completeness of any information or data on the web site or transmitted to or through its products or services, and shall not be responsible for: (i) any errors or omissions arising from the use of such information or data; (ii) any failures, delays or interruptions in the delivery of any content, product, or service contained within the web site; and (iii) any defamatory, libelous or unlawful material transmitted by third parties through the DISYS web site, products, or services.
DISYS is not responsible nor liable for the content of any communications, postings, listings, dialogue, or other exchange of information or any other material whatsoever between any parties who use the DISYS web site or its services. Furthermore, the use of the web site in any way, does not create an employer/employee, contractor/subcontractor, or any other relationship with DISYS.
Offsite hyperlinks that are found on the DISYS web site transfer you from the DISYS web site to other web sites operated and controlled by parties other than DISYS. DISYS is not responsible or liable for the contents of any linked web site, or any changes or updates to such web sites. Such links by the DISYS web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by DISYS of any third party or its content, nor the existence of a partnership, joint venture, agency, or other relationship between DISYS and any linked third party or their content. DISYS does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
ACCEPTABLE USE
Any conduct by you that, in DISYS’ sole discretion, restricts or inhibits any other user from using or enjoying the DISYS web site, products, or services, or adversely affects the DISYS web site, products, or services, is prohibited. You may only use the DISYS web site, products, or services for lawful purposes. You may not transmit through the DISYS web site, products, or services material of any kind that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically inflammatory, or otherwise objectionable, including material that encourages conduct that would constitute a criminal offense, give rise to civil or criminal liability, or otherwise violate applicable laws.
DISYS may prohibit material, conduct, communication, transmission, or content that DISYS, in its sold discretion, believes to be harmful or objectionable to users, DISYS, or third parties, or any rights of DISYS or third parties, or violate any applicable laws. Notwithstanding the foregoing, DISYS cannot ensure prompt editing, removal, or prevention of harmful or objectionable material, conduct, communication, transmission, or content. Accordingly, neither DISYS nor its officers, directors, employees, assigns, or other representatives assume any liability whatsoever for any action or inaction with respect to any such material, conduct, communication, transmission, or content.
USE OF SPECIFIC PRODUCTS AND SERVICES
The use of specific products and services, such as My Mobile Workforce, may be covered by additional terms and conditions. A copy of the end-user agreements for those products and services can be found here.
INTELLECTUAL PROPERTY
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the DISYS web site, products, or services are protected under applicable copyrights, trademarks, intellectual property, and other proprietary rights (collectively, “Intellectual Property”), pursuant to international conventions and U.S. and other laws. The use of the DISYS web site, products, or services does not constitute the grant of a license or any other right to you or a third party to any Intellectual Property, except as otherwise specified in any applicable My Mobile Workforce end-user agreement.
You do not acquire ownership rights to any content, document, or other materials viewed or accessed through the DISYS web site, products, or services. You will abide by any and all additional copyright notices, information, or restrictions contained in any agreement or associated with any DISYS product or services. Any copying, republication, or redistribution of DISYS’ web site content, or product or service information or specification, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of DISYS and/or the respective intellectual property rights holder identified in the subject content.
CONSENT TO MONITORING AND DISCLOSURE
DISYS is under no obligation to monitor and does not regularly monitor the content and any other information residing on or transmitted to or through its web site, products, or services by third parties. However, anyone using the DISYS web site, products, or services agrees that DISYS may monitor the contents of transmissions periodically to (1) comply with any necessary laws, regulations or other governmental requests; or (2) to operate the web site, products, and services properly or to protect itself and its users. DISYS reserves the right to modify, reject, or remove any information residing on or transmitted to or through its web site, products, or services that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
SUBMISSION OF IDEAS
We welcome your comments about our web site, products, or services. The comments or ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by DISYS for any purpose whatever. DISYS makes no assurances that your comments or ideas will be treated as confidential or proprietary. Any comments or ideas submitted to DISYS shall become the property of DISYS, and DISYS may freely copy, use, modify, disclose and distribute your comments or ideas without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.
PRIVACY POLICY
General
Wireless systems use radio channels to transmit voice and data communications over a complex network, and privacy cannot be guaranteed. Customer agrees that DISYS will not be liable to Customer for any such lack of privacy. Customer further agrees that, if an authorized reseller installs, configures, or sets up the Services, DISYS may provide to the reseller the activation codes or other information needed to complete setup. DISYS will, however, limit disclosure of information to the reseller to that information reasonably necessary to complete setup.
Registration Information
If you register for DISYS’s services through the web site, information (such as name, alias, e-mail, mailing address, etc.) will be collected through an automated profile registration process. DISYS maintains a strict "no spam" policy and will not sell, rent, or otherwise distribute this information to any third party, although by providing information to DISYS, you explicitly agree that you have granted permission to DISYS, until such permission is specifically revoked, to transmit unsolicited e-mails and faxes to you and place telephone calls to your residence informing you of DISYS products and features, new developments, and other information that DISYS believes would be of interest to DISYS customers.
DISCLAIMER OF LIABILITY
THE USER OF THE DISYS WEBSITE, PRODUCTS, OR SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE DISYS WEBSITE, PRODUCTS, OR SERVICES AND THE INTERNET GENERALLY, EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT WITH DISYS. DISYS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE DISYS WEBSITE, PRODUCTS, AND SERVICES, AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THE DISYS WEBSITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DISYS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, PRODUCT, OR SERVICE DISCLOSED ON THE WEBSITE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE. IN NO EVENT SHALL DISYS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, PRODUCTS, OR SERVICES, THE CONTENT THEREOF, OR THE INTERNET GENERALLY.
NO WARRANTIES
Any DISYS material on the DISYS web site may include technical inaccuracies or typographical errors. DISYS reserves the right to make changes and updates to any content, product, or services contained within the DISYS web site without prior notice. THE CONTENT, PRODUCTS, OR SERVICES PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY DISYS OR ITS AGENTS, EMPLOYEES OR ASSIGNS SHALL CREATE ANY WARRANTY. DISYS DOES NOT WARRANT THAT THE CONTENT ON THIS WEBSITE, PRODUCTS, OR SERVICES, OR THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY CONTENT, PRODUCTS, OR SERVICES OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DISYS MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES MADE AVAILABLE HEREUNDER AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DISYS WILL HAVE NO LIABILITY OR OBLIGATION TO CUSTOMER OR TO ANY END-USER IN THE EVENT OF ANY OF A PARTNERING WIRELESS CARRIER CURTAILING, DENYING, SUSPENDING, OR TERMINATING SERVICE, OR MAKING SERVICE SUBJECT TO ADDITIONAL, NEW, OR DIFFERENT TERMS AND CONDITIONS. FURTHERMORE, DISYS WILL HAVE NOT LIABILITY OR OBLIGATION TO CUSTOMER OR ANY END-USER FOR ANY DISRUPTIONS, MALFUNCTIONS, OR FAILURE OF ANY OPERATIONS OR FUNCTIONALITIES IN THE SERVICE OR THE UNIT. CUSTOMER ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE TO WIRELESS TELEPHONE UNITS EQUIPPED FOR SERVICE ONLY WHEN THESE WIRELESS UNITS ARE WITHIN OPERATING RANGE OF DISYS’ SYSTEM. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES OR NETWORK LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, AND OTHER CAUSES REASONABLY OUTSIDE OF COMPANY’S CONTROL; (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE; OR (D) FAILURE OF THE NETWORK USED TO PROVIDE THE SERVICE FOR ANY REASON. CONNECTIONS MAY BE “DROPPED” (I.E., INVOLUNTARILY DISCONNECTED) FOR A VARIETY OF REASONS, INCLUDING, WITHOUT LIMITATION, ATMOSPHERIC CONDITIONS, TOPOGRAPHY, WEAK BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA, OR GAPS IN COVERAGE WITHIN A SERVICE AREA. DISYS SHALL HAVE NO LIABILITY WHATSOEVER FOR ITS INABILITY TO PROVIDE SERVICES HEREUNDER OR FOR ANY CORRUPTION, LOSS, OR INACCURACIES IN TRANSMITTED CONTENT OR DATA FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO, UNAUTHORIZED USE OF THE SERVICES. NOR WILL COMPANY BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY CARRIER OR OTHERWISE, OR FOR THE FAILURE OR CORRUPTION OF FACILITIES OR SYSTEMS USED IN CONNECTION WITH THE SERVICE. DISYS SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY PARTNERING WIRELESS CARRIER TERMINATING SERVICE TO DISYS, OR CURTAILING, DENYING, SUSPENDING, OR TERMINATING SERVICE, OR MAKING SERVICE SUBJECT TO ADDITIONAL, NEW, OR DIFFERENT TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL DISYS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF CUSTOMERS, DAMAGE TO CUSTOMER RELATIONS OR SIMILAR CLAIMS BY CUSTOMER OR ANY PERSON CLAIMING THROUGH CUSTOMER OR ANY THIRD PARTY, WHETHER OR NOT DISYS HAS BEEN INFORMED OF THE POSSIBILITY OR MAGNITUDE FOR SUCH LOSS. DISYS SHALL NOT BE LIABLE TO CUSTOMER OR ANY PERSON CLAIMING THROUGH CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS DUE TO THE FAULT OR NEGLIGENCE OF DISYS, ITS OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES, OR THE FAILURE OF EQUIPMENT OR FACILITIES, OR THE SUSPENSION OF SERVICES. DISYS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR PROVIDING, MAINTAINING OR REPAIRING CUSTOMER'S UNIT OR OTHER EQUIPMENT. ANY APPARATUS AND EQUIPMENT PROVIDED BY CUSTOMER OR THE PARTNERING WIRELESS CARRIER IN CONNECTION WITH THE SERVICES SHALL BE MAINTAINED BY CUSTOMER AT ITS SOLE EXPENSE, OR BY THE PARTNERING WIRELESS CARRIER, AS APPLICABLE.
DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on DISYS’ system or network, should be promptly sent in the form of written communication to DISYS’ Designated Agent: [NAME] [ADDRESS]; Facsimile: [NUMBER]
All claims must include the following information:
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;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider 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.
INDEMNIFICATION
Notwithstanding anything herein to the contrary, Customer agrees as follows: (i) Customer shall release, discharge, indemnify, defend and hold harmless DISYS, its directors, officers, employees, agents and assigns, and the directors, officers, employees, agents, and assigns of DISYS’ parent company and affiliates, from and against, any and all losses, damages, claims, including, but not limited to, all claims for consequential and incidental damages, actions, causes of action, liabilities, costs and expenses, including reasonable attorneys' fees (including any and all costs and fees associated with said litigation), arising out of, in whole or in part, directly or indirectly, as a result of or attributable to the use of the Services by Customer, or the accuracy, loss, or corruption of content or data. DISYS shall have the option of providing its own defense for any such action or claim for which Customer shall promptly pay DISYS its reasonable costs and expenses or DISYS may tender the defense to Customer, which shall assume same. (ii) Customer will indemnify and hold harmless DISYS and its respective directors, officers, employees, and agents against any and all claims arising in any way directly or indirectly in connection with the Service, or the use, failure to use, or inability to use the Service. This indemnity will survive the termination of this agreement. (iii) Customer acknowledges and understands that it uses the Service at Customer’s own risk.
NON-CONTRAVENTION
To the extent that there is a written agreement in full force and effect between you and DISYS, the terms of the written agreement shall control the relationship of the parties; provided, however, that the terms and conditions herein shall apply to the extent that they do not contradict the terms of the parties’ agreement.
GOVERNING LAW
Except for intellectual property matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Virginia, without regard to the principles of conflict of law thereof.
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