Welcome to our website. This site is maintained for the use of visitors who are at least 18 years of age. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, do not use this site.
1. Agreement. This Term of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of digitalhelpmates.com (the “Site”). This Agreement may be modified at any time by Digital Helpmates LLC (“Company,” “we,” “our,” etc.) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our Site is also governed by our Privacy Policy, which is also posted on this Site. Please review it.
3. Ownership. All content included on this Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Without limiting the generality of the foregoing, the Company is the owner or exclusive regional licensee “Digital Helpmates” and of all other trademarks of the products and services listed on this Site and all related logos and designs, and many other trademarks, logos, designs, and trade dress. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 18. If you are not at least 18, do not use this Site.
5. Site Use. The Company grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy, modify, post on any other site, or otherwise transmit any materials on the Site (or portion thereof), reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at the Company’s discretion, and it may terminate your use of this website at any time.
6. Links. Any third-party sites (including but not limited to social media platforms) linked from this Site, or any link contained in a linked site, are not under Company’s control, and Company does not assume any responsibility or liability for such third-party content. You must obtain our permission to link this Site, or any page on this Site, to your website. This Site’s link to a site does not constitute permission to link to this Site.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. By using services provided by the Site, you agree to indemnify, defend and hold Digital Helpmates LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. DIGITAL HELPMATES LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DIGITAL HELPMATES LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Use of Information. Digital Helpmates LLC reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Applicable Law. You agree that the laws of the state of Washington, without regard to conflict of laws provisions, will govern these Terms of Use and any dispute that may arise between you and Digital Helpmates, LLC or its affiliates. You agree that any action arising out of your use of the Site or these Terms of Use will be brought solely in any state or federal court located in Kitsap County, Washington.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by its authorized representative.
16. Termination. Digital Helpmates LLC may terminate this Agreement at any time, with or without notice, for any reason.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company with respect to its subject matter and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. The Company may revise this Agreement at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Agreement.
