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You should carefully read the Terms of Use before using Our
Site. By using Our Site or indicating your agreement to be
bound by the Terms of Use. This is a legally binding
agreement. If you do not agree with the Terms of Use you
should not use Our Site.
1. We agree to provide you access to Our Site in accordance
with the Terms of Use.
2. You agree to use Our Site in a manner consistent with any
and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as
available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE
FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
5. We may for marketing purposes collect, process and
transmit data obtained from and about you in the course of
your accessing our site.
6. You are authorized to download one copy of the material
on our Site on one computer for your personal,
non-commercial use only but you may not in so doing remove,
use, or amend any trademark, copyright or other proprietary
notice.
7. Subject to the above, you may not modify, copy,
distribute, republish or upload any of the material on our
Site without our prior consent in writing. No intellectual
property or other rights shall be transferred to you.
8. To the extent that portions of our Site (such as "chat
rooms" or "bulletin boards") may provide users an
opportunity to post and exchange information, ideas and
opinions ("Postings"), BE ADVISED THAT Postings do not
necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all responsibility
and liability for the Postings or for any losses or expenses
resulting from their use and/or appearance on our Site.
9. To the fullest extent permitted by applicable laws, we on
behalf of our employees, agents, suppliers, and contractors
exclude liability for any losses and expenses of whatever
nature and howsoever arising, including without limitation
any direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused by a virus,
loss of income or profit, loss of or damage to property,
claims of third parties, or other losses of any kind or
character, even if we has been advised of the possibility of
such damages or losses, arising out of or in connection with
the use of this our site or any web site with which it is
linked. You assume total responsibility for establishing
such procedures for data back up and virus checking as you
consider necessary.
10. We reserve the right to monitor all materials posted on
any bulletin board on our sites (“Postings”) and to remove
any which we consider in our absolute discretion to be
offensive or otherwise in breach of these Terms of Use.
11. You hereby represent and warrant that you have all
necessary rights in and to all Postings you provide and all
material they contain and that such Postings shall not
infringe any proprietary or other rights of third parties.
12. Where we may provide hypertext links to other sites we
do so for information purposes only, and such links are not
endorsements by us of any products or services in such sites
and we accept no liability nor make any endorsement or
approval of the same.
13. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained herein
shall bind either of us.
14. Should any part of the Terms of Use be declared invalid
or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and
such remaining portion shall remain in full force and effect
as if the invalid portion of the Terms of Use had been
eliminated.
15. This Agreement is governed by the laws of the State of
Minnesota, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened
to violate DYB Marketing and/or its affiliates' intellectual
property rights, DYB Marketing and/or its affiliates may
seek injunctive or other appropriate relief in any state or
federal court and you consent to exclusive jurisdiction and
venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Minneapolis, Minnesota.
Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location:
Minneapolis, Minnesota under the rules of the American
Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with
jurisdiction to do so.
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