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Didgebridge
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Mobile Terms of Service

 

MOBILE TERMS OF SERVICE AGREEMENT


PLEASE READ THE FOLLOWING TERMS OF MOBILE SERVICE AGREEMENT  CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY  AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY  REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR  PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING  TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND  CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.  THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF AUGUST 8, 2018.


Program Description: Didgebridge Opt-in SMS Messages for Important News and Updates 

1. Receive important updates about Didgebridge products, watch  videos, services or news when you text a keyword such as: dbvideo to 1.855.426.7770


2. Contacting Us or Support Inquiries

Or to contact us call or text: 1.866.436.1360 Text Stop to Opt-out message freq varies. Not a condition of purchase. You can cancel the SMS service at any time by texting STOP to 1.866.436.1360


3. You can cancel the SMS service at any time. Text “STOP” to 1.855.426.7770. After you send the SMS message “STOP” to us, we will  send you an SMS message to confirm that you have been unsubscribed.  After this, you will no longer receive SMS messages from us. If you want  to join again, just sign up as you did the first time and we will start  sending SMS messages to you again.


4. If you are experiencing issues with the messaging program you can  get “HELP” by texting: help to: 1.855.426.7770 or send an email to  support@didgebridge.com or call or text us at 1.866.436.1360 text stop to opt-out message freq varies.


5. Carriers are not liable for delayed or undelivered messages


6. As always, message and data rates may apply for any messages sent  to you from us and to us from you. Message frequency varies per month.  If you have any questions about your text plan or data plan, it is best  to contact your wireless provider.


7. If you have any questions regarding privacy, please read our privacy policy: https://didgebridge.com/privacy/


Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Didgebridge shall not assume any responsibility or obligation for the timeliness,  missed delivery, deletion and/or any failure to store user content,  communication or personalization settings.


ACCEPTANCE OF TERMS

The following Mobile Terms of Service Agreement  (the “Mobile TOS”) is a legally binding agreement that shall govern the  relationship with our users and others which may interact or interface  with  Didgebridge, also known as Didgebridge, located at 9465 Counselors Row Suite 200, Indianapolis,  IN 46240 and our subsidiaries and affiliates, in association with the use of the  Didgebridge website,  which includes: https://didgebridge.com  and/or  https://intellismartplatform.com (the “Site”) and its Services, which  shall be defined below.


DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is didgebridge.com which has the following  description: A website that delivers informational content about the  products and or services offered by Didgebridge, LLC.

Any and all visitors to our site shall be deemed as “users” of the  herein contained Services provided for the purpose of this Mobile TOS.


The user acknowledges and agrees that the Services provided and made  available through our website and applications, which may include some  mobile applications and that those applications may be made available on  various social media networking sites and numerous other platforms and  downloadable programs, are the sole property of Didgebridge, LLC. At its  discretion, Didgebridge may offer additional website  Services and/or products, or update, modify or revise any current  content and Services, and this Agreement shall apply to any and all  additional Services and/or products and any and all updated, modified or  revised Services unless otherwise stipulated. Didgebridge  does hereby reserve the right to cancel and cease offering any of the  aforementioned Services and/or products. You, as the end user  acknowledge, accept and agree that Didgebridge shall not be  held liable for any such updates, modifications, revisions, suspensions  or discontinuance of any of our Services and/or products. Your  continued use of the Services provided, after such posting of any  updates, changes, and/or modifications shall constitute your acceptance  of such updates, changes and/or modifications, and as such, frequent  review of this Agreement and any and all applicable terms and policies  should be made by you to ensure you are aware of all terms and policies  currently in effect. Should you not agree to the updated, revised or  modified terms, you must stop using the provided Services forthwith.


CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our  network you hereby agree to comply with all local rules relating to  online conduct and that which is considered acceptable Content.  Uploading, posting and/or transferring of software, technology and other  technical data may be subject to the export and import laws of the  United States and possibly other countries. Through the use of our  network, you thus agree to comply with all applicable export and import  laws, statutes and regulations, including, but not limited to, the  Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)  nor a member of any other government which may be part of an  export-prohibited country identified in applicable export and import  laws and regulations;

2. agree not to transfer any software, technology or any other  technical data through the use of our network Services to any  export-prohibited country;


3. agree not to use our website network Services for any military,  nuclear, missile, chemical or biological weaponry end uses that would be  a violation of the U.S. export laws; and agree not to post, transfer nor upload any software, technology or  any other technical data which would be in violation of the U.S. or  other applicable export and/or import laws.


CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES


Didgebridge shall not lay claim to ownership of any  content submitted by any visitor or user, nor make such content  available for inclusion on our website Services. Therefore, you hereby  grant and allow for Didgebridge the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Didgebridge‘s  sites, the license provided to permit to use, distribute, reproduce,  modify, adapt, publicly perform and/or publicly display said Content on  our network Services is for the sole purpose of providing and promoting  the specific area to which this content was placed and/or made available  for viewing. This license shall be available so long as you are a  member of Didgebridge‘s sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Didgebridge‘s  sites, the license provided to permit to use, distribute, reproduce,  modify, adapt, publicly perform and/or publicly display said Content on  our network Services are for the sole purpose of providing and promoting  the specific area in which this content was placed and/or made  available for viewing. This license shall be available so long as you  are a member of Didgebridge‘s sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Didgebridge‘s  sites, the continuous, binding and completely sub-licensable license  which is meant to permit to use, distribute, reproduce, modify, adapt,  publish, translate, publicly perform and/or publicly display said  content, whether in whole or in part, and the incorporation of any such  Content into other works in any arrangement or medium current used or  later developed.


INDEMNITY

All users herein agree to insure and hold Didgebridge, LLC,  our subsidiaries, affiliates, agents, employees, officers, partners  and/or licensors blameless or not liable for any claim or demand, which  may include, but is not limited to, reasonable attorney fees made by any  third party which may arise from any content a user of our site may  submit, post, modify, transmit or otherwise make available through our  Services, the use of  Didgebridge’s Services or your  connection with these Services, your violations of the Terms of Service  and/or your violation of any such rights of another person.


COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade,  sell, resell nor exploit for any commercial reason any part, use of, or  access to Didgebridge‘s sites.


MODIFICATIONS

Didgebridge, LLC shall reserve the right at any time it  may deem fit, to modify, alter and or discontinue, whether temporarily  or permanently, our service, or any part thereof, with or without prior  notice. In addition, we shall not be held liable to you or to any third  party for any such alteration, modification, suspension and/or  discontinuance of our Services, or any part thereof.


ADVERTISERS

Any correspondence or business dealings with, or the participation in  any promotions of, advertisers located on or through our Services,  which may include the payment and/or delivery of such related goods  and/or Services, and any such other term, condition, warranty and/or  representation associated with such dealings, are and shall be solely  between you and any such advertiser. Moreover, you herein agree that Didgebridge, LLC shall not be held responsible or liable for any loss or damage of any  nature or manner incurred as a direct result of any such dealings or as a  result of the presence of such advertisers on our website.


LINKS

Either Didgebridge or any third parties may provide  links to other websites and/or resources. Thus, you acknowledge and  agree that we are not responsible for the availability of any such  external sites or resources, and as such, we do not endorse nor are we  responsible or liable for any content, products, advertising or any  other materials, on or available from such third party sites or  resources. Furthermore, you acknowledge and agree that Didgebridge, LLC shall not be responsible or liable, directly or indirectly, for any  such damage or loss which may be a result of, caused or allegedly to be  caused by or in connection with the use of or the reliance on any such  content, goods or Services made available on or through any such site or  resource.


PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Didgebridge‘s  Mobile Terms of Services and any essential software that may be used in  connection with our Services (“Software”) shall contain proprietary and  confidential material that is protected by applicable intellectual  property rights and other laws. Furthermore, you herein acknowledge and  agree that any Content which may be contained in any advertisements or  information presented by and through our Services or by advertisers is  protected by copyrights, trademarks, patents or other proprietary rights  and laws. Therefore, except for that which is expressly permitted by  applicable law or as authorized by Didgebridge or such  applicable licensor, you agree not to alter, modify, lease, rent, loan,  sell, distribute, transmit, broadcast, publicly perform and/or created  any plagiaristic works which are based on Didgebridge Services (e.g. Content or Software), in whole or part.


Didgebridge herein has granted you personal,  non-transferable and non-exclusive rights and/or license to make use of  the object code or our Software on a single computer, or mobile device  as long as you do not, and shall not, allow any third party to  duplicate, alter, modify, create or plagiarize work from, reverse  engineer, reverse assemble or otherwise make an attempt to locate or  discern any source code, sell, assign, sublicense, grant a security  interest in and/or otherwise transfer any such right in the Software.  Furthermore, you do herein agree not to alter or change the Software in  any manner, nature or form, and as such, not to use any modified  versions of the Software, including and without limitation, for the  purpose of obtaining unauthorized access to our Services. Lastly, you  also agree not to access or attempt to access our Services through any  means other than through the interface which is provided by Didgebridge  for use in accessing our Services.


WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:


  1. THE USE OF DIDGEBRIDGE SERVICES AND SOFTWARE ARE AT THE  SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS  IS” AND/OR “AS AVAILABLE” BASIS. DIDGEBRIDGE AND OUR SUBSIDIARIES,  AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS  EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED  OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF  TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND  NON-INFRINGEMENT.
  2. DIDGEBRIDGE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,  AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)  DIDGEBRIDGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)  DIDGEBRIDGE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE  OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE  USE OF THE DIDGEBRIDGE SERVICES OR SOFTWARE WILL BE  ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY  INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU  THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)  THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF DIDGEBRIDGE SERVICES  OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,  AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND  ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR  COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR  ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH  INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM DIDGEBRIDGE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF  EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS  THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES.  CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR  UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY  PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR  FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU  EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:  DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,  DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.


LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DIDGEBRIDGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS  AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT  NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,  GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY  HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND  RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;

2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.


RELEASE

In the event you have a dispute, you agree to release Didgebridge (and its officers, directors, employees, agents, parent subsidiaries,  affiliates, co-branders, partners and any other third parties) from  claims, demands and damages (actual and consequential) of every kind and  nature, known and unknown, suspected or unsuspected, disclosed and  undisclosed, arising out of or in any way connected to such dispute.


SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or  request any such news, messages, alerts or other information from our  Services concerning companies, stock quotes, investments or securities,  please review the above Sections Warranty Disclaimers and Limitations of  Liability again. In addition, for this particular type of information,  the phrase “Let the investor beware” is appropriate. Didgebridge‘s  content is provided primarily for informational purposes, and no  content that shall be provided or included in our Services is intended  for trading or investing purposes. Didgebridge’s and our licensors shall  not be responsible or liable for the accuracy, usefulness or  availability of any information transmitted and/or made available by way  of our Services, and shall not be responsible or liable for any trading  and/or investment decisions based on any such information.


EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF  CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR  INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE  LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY  MAY NOT APPLY TO YOU.


THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise  expressly provided in this MobileTOS, that there shall be no third-party  beneficiaries to this agreement.


NOTICE

Didgebridge may furnish you with notices, including  those with regards to any changes to the TOS, including but not limited  to email, regular mail, MMS or SMS, text messaging, postings on our  website Services, or other reasonable means currently known or any which  may be herein after developed. Any such notices may not be received if  you violate any aspects of the TOS by accessing our Services in an  unauthorized manner. Your acceptance of this TOS constitutes your  agreement that you are deemed to have received any and all notices that  would have been delivered had you accessed our Services in an authorized  manner.


TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Didgebridge trademarks, copyright, trade name, service marks, and other Didgebridge logos and any brand features, and/or product and service names are  trademarks and as such, are and shall remain the property of Didgebridge. You herein agree not to display and/or use in any manner the Didgebridge logo or marks without obtaining Didgebridge’s prior written consent.


COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

Didgebridge will always respect the intellectual  property of others, and we ask that all of our users do the same. With  regards to appropriate circumstances and at its sole discretion, Didgebridge may  disable and/or terminate the accounts of any user who violates our TOS  and/or infringes the rights of others. If you feel that your work has  been duplicated in such a way that would constitute copyright  infringement, or if you believe your intellectual property rights have  been otherwise violated, you should provide to us the following  information:


  1. The electronic or the physical signature of the individual that is  authorized on behalf of the owner of the copyright or other intellectual  property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. Your physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of  your work is not authorized by the copyright owner, its agents or the  law;
  6. And finally, a statement, made under penalty of perjury, that the  aforementioned information in your notice is truthful and accurate, and  that you are the copyright or intellectual property owner,  representative or agent authorized to act on the copyright or  intellectual property owner’s behalf.


The Didgebridge Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Attn: Copyright Agent

Charlie Brown , Attorney at Law Corp Law Associates

Didgebridge, LLC
9465 Counselors Row
Suite 200
Indianapolis, Indiana 46240
United States

Email: info@didgebridge.com


CLOSED CAPTIONING

BE IT KNOWN, that Didgebridge complies with all  applicable Federal Communications Commission rules and regulations  regarding the closed captioning of video content. For more information,  please visit our website at https://didgebridge.com.


GENERAL INFORMATION

ENTIRE AGREEMENT 

This TOS constitutes the entire agreement between you and Didgebridge and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Didgebridge’s Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Didgebridge Services, affiliate Services, third-party content or third-party software.


CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Didgebridge with regard to the Mobile TOS that the relationship between the parties shall be governed by the laws of the state of Indiana without  regard to its conflict of law provisions and that any and all claims,  causes of action and/or disputes, arising out of or relating to the  Mobile TOS, or the relationship between you and Didgebridge, shall be filed within the courts having jurisdiction within the city of Indianapolis and County of Marion, State of Indiana or the U.S. District Court located in said state. You and Didgebridge agree  to submit to the jurisdiction of the courts as previously mentioned,  and agree to waive any and all objections to the exercise of  jurisdiction over the parties by such courts and to venue in such courts.


WAIVER AND SEVERABILITY OF TERMS

At any time, should Didgebridge fail to exercise or  enforce any right or provision of the Mobile TOS, such failure shall not  constitute a waiver of such right or provision. If any provision of  this TOS is found by a court of competent jurisdiction to be invalid,  the parties nevertheless agree that the court should endeavor to give  effect to the parties’ intentions as reflected in the provision, and the  other provisions of the Mobile TOS remain in full force and effect.


STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute  or law to the contrary, any claim or action arising out of or related to  the use of our Services or the Mobile TOS must be filed within  two year(s) after said claim or cause of action arose or shall be forever barred.


VIOLATIONS

Please report any and all violations of this Mobile TOS to Didgebridge as follows:

Mailing Address:

Didgebridge, LLC
9465 Counselors Row
Suite 200
Indianapolis, Indiana 46240
United States

support@didgebridge.com

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