Terms and Conditions of Use

Last Revised: Jan. 1, 2020

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND SERVICES IN THE U.S. AND CANADA.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Digital Inventory Specialists, Inc., a Texas Corporation (“Digital Inventory Specialists”) and you, and is made effective as of the date of your use of this website (“Site”) http://www.Protect-Your-Assets-Inventory-Software.com and/or
http://www.Digital-Inventory-Specialists.com , or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

INTELLECTUAL PROPERTY

Protect Your Assets Inventory Software Application, a proprietary intellectual property copyright software was developed and published by Digital Inventory Specialists and is a Service for consumer use on the Site.
As the Licensor/Owner of the Protect Your Assets Inventory Software Application (Software), Digital Inventory Specialists 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.

Proprietary Rights.

Digital Inventory Specialists 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 Digital Inventory Specialists’ ownership and/or proprietary rights therein or any other of Digital Inventory Specialists 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.
The Protect Your Assets Inventory Software Application that is made available for use 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.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Digital Inventory Specialists or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Digital Inventory Specialists Services. This license does not include any resale or commercial use of any Digital Inventory Specialists Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Digital Inventory Specialists Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Digital Inventory Specialists or its licensors, suppliers, publishers, rights holders, or other content providers. No Digital Inventory Specialists Service, nor any part of any Digital Inventory Specialists Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Digital Inventory Specialists. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, photographs, animations, video, audio, text, “applets”, page layout, or form) of Digital Inventory Specialists without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Digital Inventory Specialists’ name or trademarks without the express written consent of Digital Inventory Specialists. You may not misuse the Digital Inventory Specialists Services. You may use the Digital Inventory Specialists Services only as permitted by law. The licenses granted by Digital Inventory Specialists terminate if you do not comply with these Conditions of Use or any Service Terms.

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, 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 DIGITAL INVENTORY SPECIALISTS 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 USE THE LICENSED SOFTWARE APPLICATION. ALL RIGHTS RESERVED.

COPYRIGHT

All content included in or made available through any Digital Inventory Specialists Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Digital Inventory Specialists or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Digital Inventory Specialists Service is the exclusive property of Digital Inventory Specialists and protected by United States and international copyright laws.

ADDITIONAL DIGITAL INVENTORY SPECIALISTS SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Digital Inventory Specialists Services (the “Digital Inventory Specialists Software”).

  1. Use of the Digital Inventory Specialists Software. You may use Digital Inventory Specialists Software solely for purposes of enabling you to use the Digital Inventory Specialists Services as provided by Digital Inventory Specialists, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Digital Inventory Specialists Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Digital Inventory Specialists Software in whole or in part. All software used in any Digital Inventory Specialists Service is the property of Digital Inventory Specialists or its software suppliers and is protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the Digital Inventory Specialists Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Digital Inventory Specialists Software, whether in whole or in part.

  4. Updates. We may offer automatic or manual updates to the Digital Inventory Specialists Software at any time and without notice to you.

  5. Conflicts. In the event of any conflict between these Conditions of Use and any other Digital Inventory Specialists or third-party terms applicable to any portion of Digital Inventory Specialists Software, such as open-source license terms, such other terms will control as to that portion of the Digital Inventory Specialists Software and to the extent of the conflict.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES
Digital Inventory Specialists may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Digital Inventory Specialists may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“My Account”) information current. Digital Inventory Specialists assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Digital Inventory Specialists may terminate your use of Services for any violation or breach of any of the terms of this Agreement by You. DIGITAL INVENTORY SPECIALISTS RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
3. ELIGIBILITY, AUTHORITY
This Site and the Services are available only to individuals (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Digital Inventory Specialists finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Digital Inventory Specialists shall not be liable for any loss or damage resulting from Digital Inventory Specialists’ reliance on any instruction, notice, document or communication reasonably believed by Digital Inventory Specialists to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Digital Inventory Specialists reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
4. YOUR ACCOUNT
The Terms “we”, “us” or “our” shall refer to Digital Inventory Specialists. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
In order to access some of the features of this Site or use some of the Services, you will have to Create an Account. You represent and warrant to Digital Inventory Specialists that all information you submit when you Create Your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Digital Inventory Specialists has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Digital Inventory Specialists reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your login, password, Payment Method(s) (as defined below). For security purposes, Digital Inventory Specialists recommends that you change your password at least once every six (6) months for each Account. You must notify Digital Inventory Specialists immediately of any breach of security or unauthorized use of your Account. Digital Inventory Specialists will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Digital Inventory Specialists or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
5. PRIVACY POLICY AND PERSONAL INFORMATION PROTECTION/SECURITY
As a visitor to this Site, you can review Products and Services without providing any personal information. Digital Inventory Specialists 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 account activity, and to 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. Please be aware that Digital Inventory Specialists is not responsible for the data practices of such websites, which shall be subject to those websites’ privacy policies.
We strive to keep all information that we collect from or about you protected both online and offline. We encourage you to be aware when or if you leave this Site and to read the privacy policy of each and every website that you link to from this Site. This Privacy Policy applies solely to information collected by this Site. Please review the Privacy Policy for more details.

6. GENERAL RULES OF CONDUCT
You acknowledge and agree that:

  1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.

  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

  3. You will not use this Site or the Services in a manner (as determined by Digital Inventory Specialists in its sole and absolute discretion) that:

    • Is illegal, or promotes or encourages illegal activity;

    • Promotes, encourages or engages in child pornography or the exploitation of children;

    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;

    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

    • Infringes on the intellectual property rights of another User or any other person or entity;

    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

    • Interferes with the operation of this Site or the Services found at this Site;

    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Digital Inventory Specialists and Services.

  4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Digital Inventory Specialists.

  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

  6. You will not access Digital Inventory Specialists Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Digital Inventory Specialists may designate.

  7. You agree to back-up all of your User Content so that you can access and use it when needed. Digital Inventory Specialists does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

  8. You will not re-sell or provide the Services for a commercial purpose, including any of Digital Inventory Specialists’ related technologies, without Digital Inventory Specialists’ express prior written consent.

  9. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Digital Inventory Specialists Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Digital Inventory Specialists Content or the User Content therein.

  10. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

  11. Without limiting any of the rights set forth elsewhere in this Agreement, Digital Inventory Specialists expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Digital Inventory Specialists policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Digital Inventory Specialists in its sole and absolute discretion).

6. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Digital Inventory Specialists generally does not pre-screen User Content. However, Digital Inventory Specialists reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Digital Inventory Specialists may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Digital Inventory Specialists in its sole and absolute discretion), at any time and without prior notice. Digital Inventory Specialists may also terminate a User’s access to this Site or the Services found at this Site if Digital Inventory Specialists has reason to believe the User is a repeat offender. If Digital Inventory Specialists terminates your access to this Site or the Services found at this Site, Digital Inventory Specialists may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. DISCONTINUED SERVICES; END OF LIFE POLICY

Digital Inventory Specialists reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Digital Inventory Specialists makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Digital Inventory Specialists, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Digital Inventory Specialists will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase or a prorated refund, to be determined by Digital Inventory Specialists in its sole and absolute discretion. Digital Inventory Specialists may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability. Digital Inventory Specialists will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

9. FEES AND PAYMENTS

You agree that your Payment Method and transaction will be processed by Digital Inventory Specialists in the United States and/or Canada.

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in B. Refund Policy.

Price Changes. Digital Inventory Specialists reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the payment options provided by the payment service provider whether in the United States or Canada.

Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

If for any reason Digital Inventory Specialists is unable to charge your Payment Method for the full amount owed, or if Digital Inventory Specialists receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Digital Inventory Specialists may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Digital Inventory Specialists also reserves the right to charge you reasonable “administrative” fees” for (i) tasks Digital Inventory Specialists may perform outside the normal scope of its Services, (ii) additional time and/or costs Digital Inventory Specialists may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Digital Inventory Specialists in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with disputes that require accounting or legal services, whether performed by Digital Inventory Specialists staff or by outside firms retained by Digital Inventory Specialists; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Digital Inventory Specialists as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Digital Inventory Specialists.

Digital Inventory Specialists may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

(B) REFUND POLICY
Products and Services available for refunds are described as (“Refund Policy”). 100% Customer Satisfaction Warranty Guaranteed. Full Refund within 30 Days of Purchase Date. Refund credit/debit will be applied to the card when purchased. The Customer MUST FIRST Email: CustomerService@digital-inventory-specialists.com and request a refund.

Refunds Issued. You agree that where refunds are issued to your Payment Method, Digital Inventory Specialists’ issuance of a refund receipt is only confirmation that Digital Inventory Specialists has submitted your refund to the Payment Method charged at the time of the original sale, and that Digital Inventory Specialists has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Digital Inventory Specialists, in its sole and absolute discretion, reserves the right to issue the refund either (i) via issuance of a Digital Inventory Specialists check, which will be sent to the mailing address on file for your Account; or (ii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method.

10. ADDITIONAL RESERVATION OF RIGHTS

Digital Inventory Specialists expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Digital Inventory Specialists in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Digital Inventory Specialists in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made by, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your Account and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Digital Inventory Specialists, its officers, directors, employees and agents, including, but not limited to, instances where you have sued or threatened to sue Digital Inventory Specialists, that could result in damages to Digital Inventory Specialists’ business, operations and reputation.

Digital Inventory Specialists expressly reserves the right to terminate, without notice to you, any and all Services where, in Digital Inventory Specialists’ sole discretion, you are harassing or threatening Digital Inventory Specialists and/or any of Digital Inventory Specialists employees.

Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Digital Inventory Specialists Content”), are owned by or licensed to Digital Inventory Specialists in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Digital Inventory Specialists Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Digital Inventory Specialists. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Digital Inventory Specialists reserves all rights not expressly granted in and to the Digital Inventory Specialists Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

11. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Facsimile Solicitations, which is email sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  1. Email Messages

  2. Newsgroup postings

  3. Windows system messages

  4. Pop-up messages (aka “adware” or “spyware” messages)

  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

  6. Online chat room advertisements

  7. Guestbook or Website Forum postings

  8. Facsimile Solicitations

  9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. If we determine the account, products, or services in question are being used in association with spam, we may
re-direct, suspend, or cancel any account, applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email to CustomerService@digital-inventory-specialists.com.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

12. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Digital Inventory Specialists. Digital Inventory Specialists assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Digital Inventory Specialists does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Digital Inventory Specialists from any and all liability arising from your use of any third-party website. Accordingly, Digital Inventory Specialists encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. DIGITAL INVENTORY SPECIALISTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGITAL INVENTORY SPECIALISTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND DIGITAL INVENTORY SPECIALISTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DIGITAL INVENTORY SPECIALISTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL DIGITAL INVENTORY SPECIALISTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DIGITAL INVENTORY SPECIALISTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DIGITAL INVENTORY SPECIALISTS TOTAL AGGREGATE LIABILITY EXCEED $100.00 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

15. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Digital Inventory Specialists and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Digital Inventory Specialists directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

16. COMPLIANCE WITH LOCAL LAWS
Digital Inventory Specialists makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

17. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and Digital Inventory Specialists. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Digital Inventory Specialists arising under or relating to any Digital Inventory Specialists Services or Products, Digital Inventory Specialists websites, these Terms, or any other transaction involving you and Digital Inventory Specialists, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND DIGITAL INVENTORY SPECIALISTS AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR DIGITAL INVENTORY SPECIALISTS FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Digital Inventory Specialists further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 15 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or Digital Inventory Specialists must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Digital Inventory Specialists must be addressed to: Digital Inventory Specialists, Inc. 489 Agnes St. Ste. 112-464, Bastrop, TX 78602, Attn.: Legal Department (the “Digital Inventory Specialists’ Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Digital Inventory Specialists and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Digital Inventory Specialists may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND DIGITAL INVENTORY SPECIALISTS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR DIGITAL INVENTORY SPECIALISTS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 15 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitration ability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Bastrop County, Texas, at your option.
(G) Initiation of Arbitration Proceeding. If either you or Digital Inventory Specialists decide to arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
ii. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043. Texas Regional Office; 18756 Stone Oak Parkway, Ste. 200, San Antonio, TX 78258.
iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Digital Inventory Specialists or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Digital Inventory Specialists is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
Disputes involving any amount. In any arbitration you commence, Digital Inventory Specialists will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Digital Inventory Specialists commences, Digital Inventory Specialists will pay all filing, AAA, and arbitrator’s fees and expenses. Digital Inventory Specialists will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.
(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY DIGITAL INVENTORY SPECIALISTS BY E-MAILING CUSTOMERSERVICE@DIGITAL-INVENTORY-SPECIALISTS.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Digital Inventory Specialists’ Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Digital Inventory Specialists’ Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Digital Inventory Specialists agree that if Digital Inventory Specialists makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Digital Inventory Specialists’ address) in these Terms, Digital Inventory Specialists will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Digital Inventory Specialists and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Bastrop County, Texas, or the United States District Court for the District of Texas, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
18. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

19. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

20. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Digital Inventory Specialists, Inc. Legal Department
489 Agnes St.
Ste. 112-464 Bastrop, TX 78602-2156
CustomerService@digital-Inventory-Specialists.com
Revised: Jan. 1, 2020
Copyright © 2005-2020 Digital-Inventory-Specialists.com, Inc. All Rights Reserved.