Effective as of September 6, 2010
This website (the “Site”) is the property of The Dalrymple Group, LLC (“Dalrymple Group”, “we”, or “us”), a Texas Limited Liability Company, whose primary offices are located at 100 Congress Avenue, Suite 2000, Austin, TX 78701.
- “Affiliate” means any business entity with which The Dalrymple Group has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
- “Client” means a Visitor who has registered and entered into a Service Agreement with The Dalrymple Group.
- “Content” means any intellectual property, data, or communications Transmitted by The Dalrymple Group, Users, or Third Parties via the Automate Buying Platform including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.
- “The Dalrymple Group Content” means content generated by The Dalrymple Group.
- “The Dalrymple Group Technology” means the past, present and future intellectual property comprising the Dalrymple Group Platform, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the The Dalrymple Group Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on The Dalrymple Group Platform and The Dalrymple Group Platform itself, including, but not limited to, the selection, sequence, “look and feel”, and arrangement of items on The Dalrymple Group Platform, and all Dalrymple Group Marks, domain names, patents, and other intellectual property.
- “Potential Client” means a User that registered with or provided information through the Site, but has yet to enter into a Service Agreement from The Dalrymple Group.
- “Third Party Content” means Content that is made available on the Site by parties other than The Dalrymple Group.
- “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
- “Visitor” means a User who makes use of or accesses the Site, but has not registered with the Site.
- Age Requirement
The Site is not intended for Children. If you are under 18 years of age, then please do not access or use the Site at any time or in any manner.
BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
- For Personal Use Only
Content on the Site is available only for the personal non-commercial use of Users and all other use is prohibited, unless otherwise stipulated in a separate agreement between You and The Dalrymple Group. You may not take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site; 4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any Dalrymple Group Technology.
- Client Service Agreement
The Dalrymple Group, a partner, affiliate, or agent may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.
- Dalrymple Group Content
Unless otherwise noted, all Content on the Site is The Dalrymple Group Content and is owned, controlled, or licensed by The Dalrymple Group and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that you shall acquire no rights in The Dalrymple Group Content or in The Dalrymple Group Technology unless otherwise noted in writing by The Dalrymple Group. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit The Dalrymple Group Content for commercial use in any way without the prior written consent of The Dalrymple Group.
- License to Access and/or Use
The Dalrymple Group grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use The Dalrymple Group Content and The Dalrymple Group Technology that is on the Site for the purpose of learning/informing yourself about The Dalrymple Group’s services. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Dalrymple Group Content or Dalrymple Groups Technology in any manner unless otherwise noted in writing by The Dalrymple Group. This limited license terminates automatically, without notice to You, if You breach any of the Terms.
- Reservation of Rights.
The Dalrymple Group reserves all rights not expressly granted in the Terms unless otherwise noted in writing by The Dalrymple Group.
- Prevention of Unauthorized Use.
The Dalrymple Group reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and Dalrymple Group Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
- Links to Other Websites or Services
The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. The Dalrymple Group does not control the availability and content of Linked Sites. Access and/or use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
- Changes to the Site
The Dalrymple Group may discontinue or change any Content, service, function, or feature at any time with or without notice.
- Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DALRYMPLE GROUP, OUR SUPPLIERS, LICENSORS, AND AFFILIATES, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE DALRYMPLE GROUP, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE DALRYMPLE GROUP, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH THE DALRYMPLE GROUP, EVEN IF THE DALRYMPLE GROUP OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold The Dalrymple Group, our affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your violation or alleged violation of the Terms or access and/or use of the Site.
The failure of The Dalrymple Group to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of The Dalrymple Group.
- Governing Law.
- Dispute Resolution
You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in Austin, Travis County, Texas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree that the dispute shall be settled by binding arbitration in Austin, Travis County, Texas. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
- Attorneys Fees
If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
- International Use
The Dalrymple Group makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If You choose to access and/or use the Site from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by The Dalrymple Group without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and The Dalrymple Group unless otherwise noted in writing by The Dalrymple Group.
- Entire Agreement.
The Terms are the entire agreement between You and The Dalrymple Group relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by The Dalrymple Group as set forth in Section 6 of the Terms.
- Contact Information
Any comments, complaints, or requests for further information can be directed to:
The Dalrymple Group, LLC
PO Box 68452
Austin, TX 78765
Phone: (512) 360-8744
In accordance with California Civil Code Section 1798.83, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210