Agreement between you and www.dashible.com

  Welcome to www.dashible.com. The www.dashible.com website (the “Site”) comprises various web pages operated by Dashible, Inc. (“Dashible,” “we,” or “us”). Your access to and use of the Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). These Terms apply to all visitors, users and others who access or use the Site. Your use of the Site constitutes your agreement to all such Terms. If you disagree with any part of these Terms, then you may not access the Site and you should leave the Site. Please read these Terms carefully, and keep a copy of them for your reference.

 IF ANY OF THESE TERMS, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS. IF YOU HAVE A PAID SUBSCRIPTION, TO CANCEL YOUR SUBSCRIPTION SEND AN E-MAIL TO:[email protected].
 
The Site is an Advertising Technology Site.
 
The Site enables businesses to create and manage deals and promotions that can be made available to consumers via the Dashible websites and mobile applications.
 
Privacy
  Your use of the Site is subject to Dashible’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs you of our data collection practices.
 
Electronic Communications
  Visiting the Site or sending emails to Dashible constitutes electronic communication. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
Your Account
  You may browse the Site without registering an account. Access to certain areas of the Site may be restricted. In order to access any restricted areas of the Site, you must create an account (“Account”). During the registration process you will be required to provide certain information, which may include personally identifiable information, and you will establish a password. [We will only use such submitted personally identifiable information to provide services to you under these Terms.]¹ You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. If you create an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You may not use another user’s Account to access the Site. You acknowledge that Dashible is not responsible for third party access to your Account that results from theft or misappropriation of your Account or password. Dashible and its associates reserve the right to refuse or cancel service, terminate Accounts, or remove or edit content in our sole discretion.
 
Children Under Thirteen
  Dashible does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
 
Cancellation/Refund Policy
  You may cancel your subscription at any time. Cancellations will become effective at the end of the current billing cycle. Please contact us at [email protected] with any questions.
 
Links to Third Party Sites/Third Party Services
  The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dashible and Dashible is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dashible is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dashible of the site or any association with its operators.
 
  Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dashible.com domain, you hereby acknowledge and consent that Dashible may share such information and data with any third party with whom Dashible has a contractual relationship to provide the requested product, service or functionality on behalf of Dashible’s users and customers.
 
No Unlawful or Prohibited Use/Intellectual Property
  The Site and all materials published or made available on or through the Site (including, but not limited to, data, text, logos, designs, pages, print screens, images, artwork, photographs, audio and video clips, audiovisual material, “look and feel”, metadata, compilations and HTML code, source code, or software that reside or are viewable or otherwise discoverable, collectively referred to herein as the “Content”) are protected by copyright, trademark and other applicable law and are owned or controlled by us, unless another entity is explicitly credited as the provider of a portion of the Content.

 You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the Content strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Dashible that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. This license is expressly conditioned on your agreement to comply with, and your actual compliance with, each of the provisions described in this section. This license shall automatically terminate upon your breach of any of the provisions listed in these Terms. Any use of the Site or Content by you or anyone acting on your behalf that breaches any provision of these Terms constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content.

    You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You further agree that you will not: (i) submit any software or other material that contains any viruses, worms, or other items of a destructive nature; (ii) manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; (iii) link to any portion of the Site other than the URL assigned to the home page of our site; (iv) “frame” or “mirror” any part of the Site; (v) use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site; or (vi) use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not remove or make any changes thereto.

   You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Dashible Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of Dashible and the copyright owner (if applicable). You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Dashible or our licensors except as expressly authorized by these Terms.

 Use of Communication Services
  The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
 
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations; or otherwise violate any of the provisions of the Terms in connection with your use of a Communication Service.
 
Dashible has no obligation to monitor the Communication Services. However, Dashible reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dashible reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
 
Dashible reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dashible’s sole discretion.
 
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dashible does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dashible specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dashible spokespersons, and their views do not necessarily reflect those of Dashible.
 
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
 
Materials Provided to the Site or Posted on Any Dashible Web Page
   Dashible does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Dashible Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dashible, our affiliated companies and sublicensees permission to use your Submission in connection with the operation of our businesses, including, without limitation, granting to us, our affiliates and our sublicensees a perpetual, non-exclusive, royalty-free, worldwide license to: copy, distribute, transmit, excerpt, host, index, tag, modify (including creating derivative works), sublicense, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You agree that your Submissions may be displayed, publicly performed, published, modified or otherwise used by us, our affiliates and our sublicensees worldwide in any form or media, now known or hereafter developed, in any language, without time limitation. You will not make or authorize any claim against us, our affiliates or our sublicensees that our use of your Submissions infringes any of your rights.

     No compensation will be paid with respect to the use of your Submission, as provided herein. Dashible is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dashible’s sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts
  You will be able to connect your Dashible account to third party accounts. By connecting your Dashible account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
  The Service is controlled, operated and administered by Dashible from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dashible Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
  You agree to indemnify, defend and hold harmless Dashible, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of the Terms or your violation of any rights of a third party (including your violation or infringement of any intellectual property or proprietary rights of a third party), or your violation of any applicable laws, rules or regulations. Dashible reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dashible in asserting any available defenses.

Arbitration
  In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator appointed by Dashible, and administered by the American Arbitration Association in Delaware Any such arbitration will be governed by the laws of the State of Delaware on the merits, and the procedural rules shall be those set forth by the American Arbitration Association. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver
 Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.² Further, unless both you and Dashible agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
  THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DASHIBLE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
  DASHIBLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DASHIBLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 

   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DASHIBLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DASHIBLE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
 Dashible reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the Terms are governed by the laws of the State of New York and, for all disputes not subject to the binding arbitration procedure set forth above, you hereby consent to the exclusive jurisdiction and venue of courts in the State of New York in all such disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 

   You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dashible as a result of the Terms or your use of the Site. Dashible’s performance under the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Dashible’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dashible with respect to such use. If any part of the Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

  Unless otherwise specified herein, the Terms constitutes the entire agreement between you and Dashible with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dashible with respect to the Site. A printed version of the Terms, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms and all related documents be written in English.

Changes to Terms
 Dashible reserves the right, in its sole discretion, to change the Terms at any time. The most current version of the Terms will supersede all previous versions. By continuing to use the Site after changes are made to the Terms, you agree to the changes. It is your responsibility to review the Terms prior to each use of the Site. Dashible encourages you to periodically review the Terms to stay informed of our updates.
 
Contact Us
Dashible welcomes your questions or comments regarding the Terms:
 
Dashible, Inc.
142 West 57th Street 11th Floor
New York, New York 10019
 
 
Email Address:
[email protected]
 
Telephone number:
(646) 397-7402
 
Effective as of October 18, 2019