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Terms of Service.

Welcome to DMCA.pro.  DMCA Pro Incorporated, the DMCA.pro website, its owners, and its associated services and content (collectively “DMCA.pro”) is referred to throughout these terms as “DMCA.pro”. DMCA.pro has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website, and services. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

WE ARE NOT LAWYERS AND CANNOT PROVIDE LEGAL ADVICE

By utilizing, or ordering services from DMCA.pro, YOU acknowledge and agree that:

  1. DMCA.pro sends DMCA Takedown Notices and other correspondence to websites on your behalf. All correspondence with websites that appear to infringe upon the rights of your intellectual property, are sent on your behalf only, and not on behalf of DMCA.pro.  DMCA.pro’s clients will hold harmless, defend, and indemnify DMCA.pro from claims by third parties that relate to notices and letters that we send on your behalf.
  2. DMCA.pro is not performing services in a legal, attorney, or any other type of representative capacity.
  3. the employees, agents, and affiliates of DMCA.pro ARE NOT LAWYERS.
  4. DMCA.pro will not under any circumstances give legal advice or counsel to YOU as to YOUR legal rights or legal responsibilities.
  5. DMCA.pro cannot represent YOU in court, formal administrative adjudicative proceeding, or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.
  6. DMCA.pro, or its employees will not engage in the negotiation of legal rights or responsibilities on YOUR behalf.

DMCA.PRO’S WEBSITE IS PROVIDED ON AN AS IS AS AVAILABLE BASIS AND DMCA.PRO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  DMCA.PRO DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) BY ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT, SOFTWARE, OR SERVICE IN CONNECTION WITH THIS SITE.

DMCA.PRO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. COVERED PARTY MEANS DMCA.PRO, ITS OWNERS, ITS AFFILIATES, ITS LISTEES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF DMCA.PRO, ITS AFFILIATES, AND ITS LISTEES.

DMCA.pro may, from time to time, modify, limit, change, discontinue, or replace the website. DMCA.pro reserves the right to modify, limit, change, discontinue, or replace the website in its sole and absolute discretion. In the event DMCA.pro modifies, limits, changes, or replaces the website, your use of the website after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement, unless such modification, limit, change, discontinuance, or replacement results in a material decrease in any of your rights as they exist at the time of signing of this agreement, in which case DMCA.pro will inform you in writing of such modification, limit, change, discontinuance, or replacement.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders that comply with DMCA.pro’s robots.txt file. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

You warrant that any Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

Ownership of License Website Content

You acknowledge and agree that DMCA.pro is the owner or exclusive licensee of the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of DMCA.pro. The foregoing prohibition on crawling and aggregation will not apply to search engines or non- commercial and publicly available archives that appropriately comply with DMCA.pro’s robots.txt file.

DMCA.pro hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to DMCA.pro.

Trademarks

DMCA.pro, DMCA Pro, DMCA Pros, and the DMCA.pro logo are common law or registered trademarks owned by or licensed to DMCA.pro. Additionally, the Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of DMCA.pro. You are prohibited from using the DMCA.pro or DMCA Pro mark, DMCA.pro logo mark, and DMCA.pro trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, pay per click advertising, or otherwise, without the prior written consent of DMCA.pro. All other trademarks, trade names, or logos displayed on the Website are the property of their respective owners.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that DMCA.pro does not own or control. You agree that DMCA.pro will not be held responsible or liable for the content of third party websites, applications, or services and that DMCA.pro’s inclusion of those websites, applications, or services within its Website does not constitute DMCA.pro’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

User Conduct

You expressly agree that you will not use the Website, to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing fees charged by DMCA.pro; circumventing DMCA.pro’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

Payments

You acknowledge and agree that DMCA.pro charges a fee for one time services, or charges monthly recurring fees, for your purchase of Subscription Plan(s). YOU UNDERSTAND AND AGREE THAT, THROUGH YOUR PURCHASE OF A SUBSCRIPTION PLAN, YOU AUTHORIZE DMCA.PRO TO BILL YOUR PAYMENT METHOD ON A MONTHLY BASIS UNTIL YOU PROVIDE DMCA.PRO WITH YOUR REQUEST TO TERMINATE YOUR SUBSCRIPTION PLAN IN WRITING. You accept responsibility for all recurring charges prior to the cancellation of your Subscription Plan, and DMCA.pro will not provide you with a refund for a prorated amount upon the cancellation of your Subscription Account.

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars. You agree that you will not initiate any chargebacks to DMCA.pro unless otherwise authorized by DMCA.pro in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against DMCA.pro.

Limitation of Liability

DMCA.pro will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the website or your use of services sold through the website, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree that the maximum amount of liability that DMCA.pro will incur in connection with the Services provided to YOU will be the amount that YOU paid for services purchased through the website during the prior six months, not to exceed $1,200.00

Some states or provinces do not allow the exclusion or limitation of damages. if your state or province does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Forum Selection

This Agreement shall be given effect and construed by application of the laws of the State of Florida (without regard to the principles thereof governing conflicts of laws), and any action or proceeding arising hereunder, and each party hereby submits (and waives all rights to object) to the non-exclusive personal jurisdiction in the State of Florida, for the enforcement of any and all obligations hereunder except that if any such action or proceeding arises under the Constitution, laws or treaties of the United States of America, or if there is a diversity of citizenship between the parties thereto, so that it is to be brought in a United States District Court, it shall be brought in the United States District Court for the Middle District of Florida or any successor federal court having original jurisdiction.

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY:

IN NO EVENT WILL DMCA.PRO BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM THE LOSS OF USE, DATA OR PROFITS. DMCA.PRO WILL NOT BE LIABLE FOR DAMAGES OR ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING FROM EVENTS THAT OCCURRED MORE THAN ONE YEAR PRIOR TO INSTITUTION OF A LEGAL PROCEEDING PREDICATED THEREON.

Integration

This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind DMCA.pro.

 


 

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