Protect Your Assets Inventory Software 2021 App
This agreement also contains a binding arbitration clause and class action waiver. If you live in the United States, these affect your rights to resolve a dispute with Protect Your Assets Inventory Software 2021 App and/or Digital Inventory Specialists, Inc. developer/owner of the proprietary software, you should read them carefully. By accepting this agreement or using the software you agree to all of these terms and consent to the transmission of certain information while using the Internet-based features of the software. If you do not accept and comply with these terms, you are not to use the software features.
Introduction of the Licensed Software 2021 App, Website and Services
Protect Your Assets Inventory Software (referred to as “PYAIS”) in this document, was developed and published by Digital Inventory Specialists, Inc. (referred to as “DIS”). DIS is the exclusive owner of all Intellectual Property Rights of the Proprietary Software, Website (referred to as “SITE”), Services and resources offered or enabled(referred to as “SERVICES”). (“EULA”) Refers to the End User License Agreement. ALL Rights Reserved.
Protect Your Assets Inventory Software App for 2021, is secured on our dedicated cloud server. The new Software App is accessible for use on all popular electronic devices; Computers, Tablets and Mobile products, regardless of the Brand, Model or Operating System, anytime, anywhere!
The Software app never requires a costly update, upgrade, patch or annual renewal. Any app update will be seamless to users. The encryption feature and SSL Certificates provide secured protection for the Licensor/Owner/DIS and Licensee/End-User’s account information and the transmission of data stored on the cloud server.
The Software App is available for all (3) versions of the Protect Your Assets Inventory Software, 1-Project, 2-Projects and Unlimited-Projects. The Software app is user friendly and once users register, create an account and login, it’s as easy as connecting to your online bank or major shopping sites like Amazon, Ebay and Overstock, etc. An internet connection is required to access and use the inventory software.
You may also be subject to additional terms and conditions that may apply when you use other Digital Inventory Specialists, Inc. services, third party content or third party software. You may not assign or otherwise transfer the Terms and Conditions of Use nor any right granted hereunder with Digital Inventory Specialists, Inc.’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions of Use, or portion thereof, to be unenforceable, that provisions shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions of Use shall continue in full force and effect.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By accepting this agreement, you agree the Software, Site and Services are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Software, Site and Services may violate such laws and the Terms and Conditions of Use.
By accepting this agreement, clicking on the I ACCEPT box, Registering, Creating an Account and signing up to use the PYAIS Software, and using the software, you agree to all of these Terms and Conditions of Use, applicable to your access and use of the Software, Site and Services. You must first agree to the Terms and Conditions of Use as set forth in the Licensed Software 2021 Application End User License Agreement (EULA) for access and use the inventory software. You agree to allow DIS to use such personal information for the purpose of contacting the users/clients and operation of the Services. If you Click on the I DO NOT ACCEPT box, do not precede, access or use the Software.
You agree that all contact and communications from the Site to your devices and from your devices; will be sent and received electronically. When Creating Your Account, you are required to provide a valid email address and any other required information. You are responsible for keeping your Password and Secret Key secure. DIS is not liable for any loss or damage from your failure to maintain the security of your account and password.
YOUR ACCOUNT, PASSWORD AND SECURITY
You are required to Create an Account, providing current, complete and accurate information as prompted by the applicable registration form. When creating your account, your User Name will be your Email Address, and you should create a strong Password and the Secret Key. You are responsible for the security, safeguarding, and the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur on your account. You agree to notify DIS immediately of any unauthorized use of your account or any other breach of security. DIS will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without you knowledge. However, you could be held liable for losses incurred by DIS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
As a visitor to this Site, you can review Products and Services without providing any personal information. Digital Inventory Specialists, Inc. (“DIS”) collects your information in order to record, support and facilitate your participation in the software products you select. If you register for Software Products or Services, for example, the information is used to register your rights. If applicable, to technical support or other benefits that may be made available to registered users.
The personal information that you provide in connection with registering yourself as a user of the Site or of the Software Products and Services is classified as Registration Information. Your personal information is also used for required activation/activity, to track downloads, and keep you informed about products and services.
Our commitment to your privacy; we respect your online privacy and any personal identifiable information “Personal Information” that you share with us. Your information will never be released to a third party that is not directly involved in your account and Services. In some instances, these websites may be co-branded and third-parties or respective authorized representatives are entitled to use PYAIS’s name and logo on their websites. Please be aware that DIS is not responsible for the data practices of such websites, which shall be subject to those websites’ privacy policies.
This Site does not have a shopping cart and does not process payments; therefore there is no need to collect sensitive credit card/payment information. This Site’s specific purpose is limited to the installation, activation/activity and support of the software. The encryption feature and SSL Certificates are added layers of protection and should provide secured protection for user account information and the software transmission of all data stored on the cloud server.
There are other instances in which Digital Inventory Specialists may divulge your personal information, such as where required by law, regulation, or litigation. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
DESCRIPTION OF THE SITE AND ITS SERVICES
Protect Your Assets Inventory Software’s Site and Services are the current “Terms and Conditions of Use” and you agree to changes to the Site or Services that may apply in the future. Your continued access or use of the Services indicates your agreement to abide by our most recent “Terms and Conditions of Use”. Please check the “Terms and Conditions of Use” regularly on our Site http://www.protect-your-assets-inventory-software.com to view the then-current terms. If you breach any of the “Terms and Conditions of Use”, your authorization to access or use this Site and Services will be denied.
The Site and Services are the web-based property of DIS. Unless otherwise specified, the PYAIS Software, Site, and Services are for your personal and/or small business and non-commercial use. This Site, Services and Software’s Language is English (United States), and Sites may be available in other languages and/or distributed by authorized Affiliates, third-parties or respective authorized representatives. This Site is controlled, operated and administered within the United States of America.
International Users; this Site may be accessed from countries around the world. DIS makes no representation that the Site and Services are appropriate or available for use at other locations outside the United States, and/or access to the Site and Services from territories where the Site and Services are legally prohibited. If you access the Site, Services and Software from a location outside the United States, you may be responsible for compliance with local laws.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE
As the Licensor/Owner of the PYAIS (Software), DIS reserves all rights not expressly granted in the Terms and Conditions of Use and Software’s End User License Agreement (EULA) in this document. License Agreements do not override applicable copyright law or contract law. The proprietary software’s source codes, algorithms and design features are considered trade secrets.
The PYAIS software that is made available for use and/or for download from the Site is governed by the Terms of the Software’s End User License Agreement (EULA) included in the Terms and Conditions of Use, and embodiments originally contained in or otherwise created by this Software, or in any archival or back-up copies. Any reproduction or redistribution of the Software not in accordance with the Software’s End User License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SERVICES OF USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the DIS server, or the network(s) connected to the DIS server, or interfere with any other party’s use of the Services.
You are not to use the Site, Services and/or Software for any illegal or unauthorized purpose, nor may you use the Services to, violate any laws (including but not limited to copyright laws) or applicable laws of the United States and the State of Texas.
You are not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any DIS server or to any Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You are not to defame, abuse, harass, stalk, threaten or otherwise violate the legal right (such as rights of privacy and publicity) of others. You are not to publish, post upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You are not to upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
You are not to use any material or information, including images or photographs, which are made available through the Site and Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
You are not to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, scrapers, crawlers, spiders or any other similar software programs that may damage the operation of another’s computer or property of another.
No reverse engineering; you may not and you will not engage, assist or authorize any persons to copy, modify, reverse engineer, decompile or disassemble, or tamper with the PYAIS Software in any way or create any derivative works by altering or similar Software.
You are not to falsify or delete any copyright management information, such as 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.
You are not to create a false identity for the purpose of misleading others. Use or download or otherwise copy, or provide (whether or not for a fee) to a person or entity any director of users of the Services or other user or usage information or any portion thereof.
You are not to attempt to harvest? or otherwise collect information about others, including e-mail addresses.
You are not to violate any code of conduct or other guidelines which may be applicable to the Site and Services and/or violate an applicable laws or regulations.
DIS reserves the right at all times to disclose any information as DIS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post to or remove any information or materials, in whole or in part, is DIS’s sole discretion.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION COPYRIGHT, LOGOS AND TRADEMARKS
Copyright ~ The PYAIS Software, Site and Services including all related domains, content, without limitation, text, images, illustrations, promotions, advertising, materials, logos, and source codes, are the exclusive copyright © property, possible patented work and intellectual property of DIS, protected by United States and international copyright laws and treaties. In-bound and out-bound links from an affiliate’s site, third-parties or respective authorized representatives agree and respect these properties are the sole copyright property of DIS. All Rights Reserved.
Logos ~ The PYAIS Software, Site and Services, are the copyright © property of DIS, including logos, text and related domains, names on products, and/or packaging, promotional materials, advertising and other collateral, protected by trade mark law.
Trademarks ~ The PYAIS Software, Site and Services are the copyright © property of DIS, including names and trademarks on products, on packaging, promotional materials, advertising and other collateral, protected by trademarks, logos and service marks (“marks”) law.
Affiliates, third parties or respective authorized representatives, may request authorization for License Use of the PYAIS Logos and Trademarks. DIS reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that affiliates, third parties or respective authorized representatives, modify or delete any use of the logo that, in DIS’s sole judgment, does not comply with these guidelines or might otherwise impair DIS’s rights of the logo. DIS further reserves the right to object to unfair uses or misuses of its logos, trademarks or other violations of applicable law.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials, Software Products or Services, any portions of the Site, Materials, Software Products or Services, or the selection and arrangement of the Site, Materials, Software Products or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Materials, Software Products or Services. You are not permitted to use the (”Marks’) without the prior written consent of Digital Inventory Specialists, Inc.
You agree to indemnify and hold DIS, its parents, subsidiaries, affiliates, third-parties, respective authorized representatives, joint ventures, service providers, and each of their respective clients, officers, directors, and employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Services, arising from or related to: (a) your use of the Site or any Content you obtain through the Site, including, but not limited to, information obtained through the Site or (b) your failure to comply with these Terms and Conditions of Use including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that DIS is obligated to pay any fees in connection with your use of the Site, Services or otherwise.
The provisions of this paragraph are for the benefit of DIS, its parents, subsidiaries, affiliates, third-parties, respective authorized representatives, joint ventures, service providers, and each of their respective officers, directors, clients, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on his, her, or its own behalf.
DISCLAIMER OF WARRANTIES
THIS SITE, AND ANY INFORMATION CONTAINED THEREIN, THE CONTENT, DIS, AND ANY OTHER DIS PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESSED AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE).
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DIS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES OR RESPECTIVE AUTHORIZED REPRESENTATIVES, MAKE NO REPRENSENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, DIS SERVICES, OR ANY OTHER DIS PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED TO USE DIS SITE AND SERVICES (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDORS, MAINTENANCE, OR MALICIOUS ATTACKS, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE, AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, DIS SERVICES AND ANY OTHER DIS PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
DIS AND ITS PARENTS, SUBSIDARIES, AFFILIATES, THIRD-PARTIES OR RESPECTIVE AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIS, CLIENTS, THIRD-PARTIES, OR RESPECTIVE AUTHORIZED REPRESENTATIVES, PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND DIS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE DIS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, THIRD-PARTIES, RESPECTIVE AUTHORIZED REPRESENTATIVES JOINT VENTURES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE CLIENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, DIS PRODUCTS (INCLUDING SOFTWARE) OR SERVICES; (b) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY DIS; AND (c) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER DIS PRODUCTS OR SERVICES, THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTAION, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE DIS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, THIRD-PARTIES, RESPECTIVE AUTHORIZED REPRESENTATIVES, JOINT VENTURES, SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE CLIENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HERIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTATIONS WILL BE ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMAITON CONTAINED THEREIN, THE CONTENT, DIS SERVICES, CLIENT SERVICES OR ANY OTHER DIS PRODUCT (INCLUDING SOFTWARE) SERVICES MAY BE BROUGHT BY YOU OR DIS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DIS. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, IF APPLICABLE, NINETY (90) DAYS.
LINKS TO THIRD-PARTY WESITES
The Site may contain links to other websites on the Internet that are owned and operated by third-parties. In some instances, these websites are respective authorized representatives, co-branded and the third parties are entitled to use DIS’s name and logo on their websites. DIS does not control the information, products, or services available on or through these third-party websites. The inclusion on the Site of a third-party link does not imply endorsement by DIS of the applicable website or any association with the website’s operators. Because DIS has no control over such websites, you agree that DIS is not responsible or liable for the availability, or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites’ policies and terms.
If you click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and the applicable advertiser or other third party, and you agree that DIS shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or based on your reliance on any material made available by such advertisers. In-bound and/or out-bound links regarding affiliates or third-party sites may require you to leave PYAIS’s Site.
LICENSED SOFTWARE APPLICATION END USER LICENSE AGREEMENT (EULA)
THE LICENSED SOFTWARE APPLICATION END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (IF REGISTERING AS AN INDIVIDUAL) OR THE ENTITY YOU REPRESENT (IF REGISTERING AS A BUSINESS) ("YOU"), AND DIGITAL INVENTORY SPECIALISTS CORPORATION ("DIS"), DEVELOPER, PUBLISHER AND COPYRIGHT OWNER OF THE INTELLETUAL PROPERTY RIGHTS AND TRADE SECRETS, STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PROPRIETARY "Protect Your Assets Inventory Software®" LICENSED SOFTWARE APPLICATION, WEB SITE (“SITE”) AND ANY SERVICES PROVIDED ("SERVICES"). PLEASE READ THIS AGREEMENT CAREFULLY AS THESE PROVISIONS AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW AND SET OUT THE TERMS UNDER WHICH DIS MAKES THE LICENSED SOFTWARE APPLICATION TO YOU. BY ACCEPTING THE TERMS AND CONDITIONS AND BY USING THE LICENSED SOFTWARE APPLICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THE TERMS OR USE THE LICENSED SOFTWARE APPLICATION. ALL RIGHTS RESERVED.
Scope of License. Subject to the Terms and Conditions of Use, of this License Agreement, DIS hereby grants to you a limited, non-transferable, non-sub licensable, non-assignable, non-commercial and revocable license to use the Licensed Software Application solely for your own use; licensed, not sold, not a transfer of title under this license. You acknowledge and agree that this Agreement is between you and DIS. DIS reserves all rights not expressly granted to you herein. All title and copyrights in and to the Licensed Software Application (including but not limited to any images, photographs, animations, video, audio, text, and "applets," incorporated into the Licensed Software Application), the accompanying printed materials, and any copies of the Licensed Software Application, are owned by DIS. Users are required to register and Create an Account, Password and Secret Key. The encryption feature and SSL Certificates provide secured protection for the Licensor/Owner and License/End-User’s account information and the transmission of data stored on the cloud server.
Restrictions. This Agreement does not allow you to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Software Application and trade secrets, or any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of DIS. If you breach these restrictions, you may be subject to prosecution and damages.
Proprietary Rights. DIS owns all rights, title and interest in, and to, without limitation, all intellectual and proprietary rights. Source codes and algorithms are trade secrets, along with logo and trademarks of any and all featured products or parts, including, but not limited to, any models, data, or formulas exhibited in the Licensed Software Application, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect DIS's ownership and/or proprietary rights therein or any other of DIS's information, processes, methodologies, products, goods, website, services, or materials, tangible or intangible, in any form and in any medium. You may not copy, decompile, or reverse engineer any of the products featured in the Licensed Software Application.
Fees. Associated affiliates, third-parties, or respective authorized representatives may charge you fees for Services offered for use with the Licensed Software Application. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Licensed Software Application by DIS (such fees, charges and taxes shall collectively be referred to as "Fees"). DIS reserves the right to remove or add associated affiliates, third-parties, or respective authorized representatives regarding any Fees, and/or to institute new Fees, effective upon prior notice to you.
No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE LICENSED SOFTWARE APPLICATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE LICENSED SOFTWARE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, DIS AND ITS AFFILIATES, THIRD-PARTIES, OR RESPECTIVE AUTHORIZED REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
NEITHER DIS, NOR ANY OF ITS AFFILIATES, THIRD-PARTIES OR RESPECTIVE AUTHORIZED REPRESENTATIVES WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE LICENSED SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE APPLICATION OR SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIS, ITS AFFILIATES, THIRD-PARTIES OR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIS OR ITS AFFILIATES, THIRD-PARTIES OR RESPECTIVE AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TO RT OR OTHERWISE) AND EVEN IF DIS OR ITS AFFILIATES, THIRD-PARTIES OR RESPECTIVE AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify, defend, and hold DIS, its affiliates, third-parties or respective authorized representatives and/or respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use, alteration or export of the Licensed Software Application (or any component thereof) in violation of this Agreement. DIS and its affiliates, third-parties or respective authorized representatives reserve the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with DIS and its affiliates, third-parties, or respective authorization representatives upon request by DIS.
Updates. DIS may update or upgrade the Licensed Software Application at any time without notice to you. Certain functions of the Licensed Software Application may be modified or discontinued as a result of any such updates or upgrades. If DIS elects to provide maintenance or support of any kind, DIS may terminate that maintenance or support at any time without notice to you. The terms and conditions of this Agreement shall govern any upgrades or updates provided by DIS that replace and/or supplement the original Licensed Software Application, unless such upgrade is accompanied by, or references, a separate license agreement in which case the terms of that license agreement shall govern.
Amendments. DIS may change, add or remove any of the Terms and Conditions of Use and this Agreement at its sole discretion at any time. Using the Licensed Software Application and/or any Services after such amendments are made to the Agreement is evidence that you agree to be bound by and comply with such changes, and DIS shall treat your use as acceptance of the amendments.
No Guarantee of Continued Use or Availability. DIS and its affiliates, third-parties or respective authorized representatives reserve the right to modify, update supplement, limit, discontinue, remove or disable access to the Licensed Software Application and/or any Services without notice to you, nor its affiliates, third-parties or respective authorized representatives shall be liable to you or any user should it exercise such rights.
Registration. To use the Licensed Software Application, users must create a strong Password and Secret Key. Users must have Admin security privileges and shall ensure that their user name and password are not accessible by unauthorized user. Users are liable for all transactions and other activities carried out under their user name and password. At the end of each online session, the user shall log-off from the Licensed Software Application. If and to the extent the user becomes aware that an unauthorized user are misusing its user name and password, the user shall notify DIS immediately via writing or email.
Viruses. DIS guarantees their electronic communications and servers are free of virus. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. User shall not upload images or files that contain viruses, worms, time bombs, cancelbots, corrupted files, or any other software programs that may damage the operation of another’s computer or property of another.
Termination of Suspension. This Agreement is effective for an unlimited duration unless and until terminated as set forth herein. Your rights under the license granted shall terminate automatically without notice from DIS if you fail to comply with any Terms or Conditions of Use, of this Agreement. Upon termination of this Agreement, you shall cease all use of the Licensed Software Application, and destroy all copies, full or partial, thereof. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
Severability. If any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement will continue in full force and effect without said provision.
Governing Law and Interpretation. By using the Licensed Software Application, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Licensed Software Application End User License Agreement and any dispute between you, as the user and DIS.
Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Non-Waiver. DIS or its affiliates, third-parties or respective authorized representatives, failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Agreement. This Agreement constitutes the entire agreement between you and DIS regarding the use of the Licensed Software Application and supersedes any prior or contemporaneous understandings and agreements between you and DIS related to its subject matter.
Web Site and Services of Use. Refer to the Terms and Conditions of Use in this document for details regarding use of the Web Site, Services and Software provided by DIS.
ARBITRATION AND DISPUTE RESOLUTION
These Terms and Conditions of Use shall be treated as though they were executed and performed in Bastrop, Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). At DIS, we expect that our customer service team will be able to resolve most complaints you may have regarding our provision or your use of the Site, Client Services or Software. If you have such a complaint, you can contact our customer service team by e-mail or U.S. postal mail. In the unlikely event that your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and DIS agree to the following resolution process for all disputes and claims that you or DIS had arising from our provision or your use of the Client Services.
In an attempt to find the quickest and most efficient resolution of any Service Claim, you and DIS agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution (together, the “Claim Notice”. If you want to raise a Service Claim, you must send your Claim Notice by certified mail to DIS at: Digital Inventory Specialists, Inc., Attn: Legal Department, 494 Hwy 71 West, Ste. 140-212, Bastrop, Texas 78602. If we would like to subsequently discuss your Service Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If DIS chooses to raise a Service Claim, we will send our Claim Notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, DIS will send our Service Claim to you through a means that complies with the service of process rules of the State of TEXAS.
IF YOU AND DIS DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND DIS AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE.
AS AN EXCEPTION TO THIS ARBITRATION REQUIREMENT, EITHER PARTY HAS THE RIGHT TO (1) PURSUE A SERVICE CLAIM IN SMALL CLAIMS COURT OF APPROPRIATE JURISDICTION, OR (2) PURSUE AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRETS; AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN BASTROP, TX. BOTH DIS AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN BASTROP, TEXAS, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND DIS AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED. YOU AND DIS ALSO AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
Rather than force everyone to visit us in Texas, if you can demonstrate to us that arbitration in Texas would create an undue burden to you, we will allow you to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in BASTROP, TEXAS. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
When the 30-day period described above has elapsed, you may initiate the arbitration through the process described in the AAA’s Consumer Rules. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the “AAA's” American Arbitration Association’s Consumer Rules.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND DIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR SERVICE CLAIMS THAT ARE COVERED BY THIS “ARBITRATION AND DISPUTE RESOLUTION” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
If you're not sure what all of this means, of course, please feel free to ask an attorney.
You agree that any breach or threatened breach of these Terms and Conditions of Use or any unauthorized or unlawful use of the Client Services or DIS would result in irreparable injury to DIS for which monetary damages would be inadequate. In such event, DIS shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms and Conditions of Use shall be construed to limit any legal or equitable remedies available to DIS.
The Terms and Conditions of Use, Licensed Software 2021 Application (EULA) End User License Agreement, constitutes the entire agreement between you and Protect Your Assets Inventory Software (PYAIS) and Digital Inventory Specialists, Inc. (DIS) regarding the Software, Licensed Use, the Site and the Services provided to you, the Licensee/User. Should you have any questions regarding this agreement and documents, please email Customer Service for a prompt response.
To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by DIS, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions of Use. These Terms and Conditions of Use shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of DIS.
Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms and Conditions of Use on account of either party’s delay or failure to perform as required under these Terms and Conditions of Use as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence a “Force Majeure Event”. If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect.
DIS’s failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions of Use shall not operate as or be construed to be a waiver of DIS’s right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions of Use. Any waiver of a provision of these Terms and Conditions of Use must be contained in a signed writing by a duly appointed officer of DIS.
DIS reserves the right to restrict, suspend, or terminate your Account or access to the Site if we determine, in our sole and absolute discretion, that you have violated these Terms and Conditions of Use. TRANSFERABILITY These Terms and Conditions will be binding on, inure to the benefit of and be enforceable by DIS’s successors and assigns. You are not permitted to transfer, assign, or delegate any rights or obligations pursuant to these Terms and Conditions of Use unless contained in a signed writing by a duly appointed officer of DIS, and DIS reserves the right to immediately terminate your use of the Site and Client Services if you attempt to do so.
YOUR RELATIONSHIP WITH DIS
Nothing in these Terms and Conditions of Use creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between DIS and you or any other party. You have no authority to make or accept any offers or representations on behalf of DIS.
DIS may provide legal and other notices to you, in DIS’s sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by e-mail, postal mail, overnight courier, or facsimile, or to any contact address or number that you have provided to DIS. If you wish to provide notice to DIS, you shall send such notice, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: 494 Hwy 71 West, Ste. 140-212, Bastrop, Texas 78602. Notices you send by e-mail or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of DIS.
By using the Web Site, Services and Software you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, shall govern these Terms and Conditions of Use, and any dispute of any between you and DIS.
The Terms and Conditions of Use and Licensed Software Application End-User License Agreements, Third-Party or Respective Authorized Representative’s Agreements must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply.
CUSTOMER SERVICES and TECH SUPPORT
Free unlimited support for Protect Your Assets Inventory Software
Should you have any questions regarding this agreement, please feel free to contact us direct via e-mail or U.S. postal mail to our corporate office.
Digital Inventory Specialists, Inc.
494 Hwy 71 W. Ste. 140-212
Bastrop, TX 78602-3793 USA
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