David Evans and Associates, Inc. Website
By providing information and using this Site, you agree to the following:
1. Access; Conditions to Use of the Site.
1.1 DEA hereby grants to you a non-exclusive, revocable, and limited right to use the Site in strict compliance with this Agreement (“Access Right”) for the limited purpose of uploading or otherwise submitting data to DEA, including your name, email address, contact information, company business, insurance and safety information and other provided data (“Your Data”). DEA may suspend or revoke your Access Right at its sole discretion without notice. DEA may also change or discontinue any or all aspects of the Site at any time, including the availability of any content or features on the Site. This Access Right will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
1.2 You may not use this Site: (a) for any unauthorized, prohibited or unlawful purpose, (b) in a way that could impair the Site and any computer software or hardware that serves the Site to users across the Internet, and which hosts the pages, scripts, programs, and multimedia files served using a protocol designed to send files to users (“Servers”), or (c) in a way that could interfere with any other party’s use and enjoyment of the Site.
1.3 Regardless of any assistance that DEA may provide, you are solely responsible for: (a) submitting and updating Your Data through the Site, (b) obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including Internet connections, and (c) maintaining the confidentiality and proper use of your login and password. You will immediately notify DEA of any unauthorized use of your login and password and DEA is not responsible for any damage arising out of access to your login or password by any other party.
1.4 You will not use, attempt to use, or otherwise transmit Your Data or any other data, information, or content (collectively, "Content") that:
- is unlawful, harassing, threatening, or otherwise objectionable;
- may violate anyone’s rights, constitute or encourage a criminal offense, or violate any law;
- may infringe anyone else’s copyright or other intellectual property rights (“IP Rights”);
- impersonates another party or otherwise misrepresents your affiliation with that party;
- violates or attempts to violate the security of the Site or the Server, including accessing data not intended for you, or logging into a server or account which you are not authorized to access;
- attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempts to interfere with service to any user, host, or network; or
- attempts to obtain any material or information through any means not intentionally made available through the Site.
1.5 DEA may investigate violations of this Agreement, including occurrences that may involve criminal offenses. By using the Site, you authorize DEA to comply with all law enforcement investigations and prosecutions of these occurrences, including warrants, court orders and subpoenas and disclosure of information about you and your use of the Site.
1.6 You represent to DEA that: (a) you have the lawful right to transmit and otherwise use all Content (including Your Data) in the course of using the Site and (b) your information is accurate and DEA may rely on the information provided. You should update information as needed.
2. Copyrights and Other Intellectual Property Rights; Reservation of Rights.
2.1 You grant to DEA a non-exclusive, world-wide, royalty-free, perpetual, assignable right and license to copy, distribute, modify, display and otherwise use all Your Data submitted to the Site for DEA’s ongoing business purposes.
2.2 DEA’s policy is to respect the IP Rights of others. DEA may (a) immediately terminate, without notice, your Access Right to the Site if it appears you are infringing on the IP Rights of a third party, and (b) remove from the Site any Content that DEA believes infringes on the IP Rights of a third party.
2.3 You agree that (a) this Agreement will not be interpreted to transfer any IP Rights whatsoever from DEA to you, (b) DEA or its licensors solely own all IP Rights related to the Site and the Server (“DEA IP”), and (c) all rights in DEA IP not expressly granted to you in this Agreement are solely reserved to DEA.
2.4 Your Access Right is also subject to the following: (a) copyrighted material or content of another party (including DEA IP) may not be used by you except as expressly stated in such material or in this Agreement; and (b) you will not remove, alter or obscure any copyright notices or other proprietary rights notices of DEA or any other party placed on or embedded in the DEA IP. Unauthorized use of DEA IP is a violation of DEA’s IP Rights and is actionable under law.
2.5 You agree to keep strictly confidential all DEA IP that has not been made publically available by DEA. This Section 2.5 survives cancellation, expiration or termination of this Agreement for any reason.
All information, material, and other features provided via the Site (“Site Resources”) are provided to you for informational purposes only. While DEA attempts to provide accurate Site Resources, the Site and Site Resources are not intended to provide advice or opinions and may not be relied upon as such. The Site Resources contained in this Site are general in nature, and may not apply to particular factual circumstances. The Site and Site Resources are not intended as a substitute for you obtaining independent advice and you should not act upon any Site Resources without first seeking such independent advice.
5. Links to Third Party Sites.
As a convenience to you, the Site may provide links to other web sites that are not owned or under controlled by DEA (“Third Party Sites”). DEA is not responsible for the Content included in them, including any subsequent links contained within a linked web site, or any changes or updates to a linked web site. Any reference from the Site to any entity, product, service or information on a Third Party Site does not constitute an endorsement or recommendation by DEA. No Third Party Site is authorized to make any representations or warranties on DEA’s behalf. Your visit to any Third Party Site is subject to the terms of such Third Party Site and not this Agreement.
6. Disclaimer of Warranties; Disclaimer of Liability; Indemnity
6.1 DEA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES CONTAINED IN THIS SITE. ALL SITE RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DEA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, DEA FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DEA DOES NOT WARRANT THAT THE SITE AND THE SITE RESOURCES ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SERVER MAKING THIS SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2 DEA IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, RELATING TO THE USE OR PERFORMANCE OF THE SITE OR SITE RESOURCES MADE AVAILABLE ON THIS SITE OR ANY THIRD PARTY WEBSITES, EVEN IF DEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
6.3 You will not hold DEA, affiliated companies and its parent company or any of their respective directors, officers, employees, independent contractors, affiliates or other agents (“DEA Group”) responsible for any damage related to use of the Site or any Site Resources. You hereby indemnify and hold harmless the DEA Group from any claims or demands (including reasonable costs and attorneys’ fees) made by any third party arising out of your (or any third party using your account) use of the Site, use of Your Data, violation of this Agreement, or infringement of any IP Rights of any third party.
7. Changes; Termination.
8. Miscellaneous Provisions.
8.2 You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use of DEA’s Site, and that DEA will be entitled, without waiving any other rights, to injunctive or equitable relief deemed proper by a court or arbitration panel of competent jurisdiction. DEA may pursue these rights without requiring the posting of a bond or having to plead and prove lack of an adequate remedy at law.
8.3 If any suit or action related to this Agreement is filed by any party, the prevailing party will be entitled to recover reasonable attorneys’ fees incurred in preparation for prosecution or defense of such action. Reasonable attorneys’ fees will be determined by the court hearing the action.
8.4 This Agreement is binding upon and inure to the benefit of each party’s successors and lawful assigns. You may not, however, assign this Agreement, in whole or in part, and any attempted assignment is void. DEA may assign this Agreement, or any part of it, to any party in its sole discretion.
If you have questions about this Agreement, please send an email to email@example.com.