This Service Statement and Liability Release (the "Agreement") governs the use of all applications ("Application") provided by DaKES ("we", "us", or "our"). By using the Application, you ("User" or "you") agree to be bound by the terms of this Agreement.
We grant you a non-exclusive, non-transferable, revocable license to use the Application for personal, non-commercial purposes, subject to the terms of this Agreement.
You agree not to:
To the maximum extent permitted by applicable law, you agree to release and hold harmless [Company Name], its affiliates, officers, directors, employees, and agents from any and all claims, actions, suits, demands, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in connection with your use of the Application, including, but not limited to, any errors, inaccuracies, or omissions in the Application, any unauthorized access to or use of our servers or any personal information stored therein, and any personal injury or property damage resulting from your use of the Application.
The Application is provided "as is" and "as available," without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Application will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
To the maximum extent permitted by applicable law, in no event shall DaKES, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, loss of data, loss of use, or other intangible losses, arising out of or in connection with your use of the Application, even if we have been advised of the possibility of such damages.
This Agreement shall be governed by and construed in accordance with the laws of the USA, without regard to its conflict of law provisions.
We reserve the right, in our sole discretion, to modify or replace this Agreement at any time. Your continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes.
If you have any questions or concerns regarding this Agreement, please contact us at info@dakes.org.