TERMS AND CONDITIONS OF USE
Last Updated: November 26, 2013
These Terms and Conditions of Use and all other legal documents incorporated by reference (collectively, these "Terms") set forth the legal contract between each end user ("User" or "you" or “your”) and AM MobileApps, LLC d.b.a. Direct Sales Mobile and its affiliates, partners and contractors (“AM,” “we,” “our,” or “us”) with respect to your access to and use of the DSM Media, DSM Messaging and DSM Prospecting Apps (collectively, the “DSM Apps”), including use of any tools and services related to the DSM Apps offered through our website(s).DSM Services (as defined below) are provided through the DSM Apps, an interactive platform, where users can share and view Content (as defined below).
Some of AMs other sites, applications, services and tools may have additional terms that we provide to you when you use those sites, applications, services or tools.
As used herein, the following capitalized terms not otherwise defined in these Terms shall have the meanings set forth as follows:
"Content" means and includes, without limitation, information (personal or otherwise), photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, chat and text messages (including histories), music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by AM and/or owned, submitted, uploaded, post, display, or otherwise made available by you as a Registered Demo User (as defined below).
“Feedback” means any information you provide to us about any one of the DSM Apps or the Services, whether as a comment, evaluation, or otherwise.
“Registered Demo Users” means individuals who have an Account (as defined below).
"DSM Services" means any and all services, tools, software, developer platform functionalities, mobile applications and functionalities relating to the DSM APPS and as may be provided by AM from time to time.
“User” means “you”, the user of any one of the DSM Apps and DSM Services, whether you are an unregistered “Visitor" or a “Registered Demo User.”
II. FREE DEMO
If You register to download and use a free demo version of the DSM Apps or You are invited to download and use a free demo version of the DSM Apps, We will make one or more DSM Apps and Services available to You on a limited basis free of charge until the earlier of (a) the end of the free demo period for which you registered to use the applicable Service(s), or (b) you contact Us to end your free demo, or (c) We end Your free demo. Additional terms and conditions may appear on the demo registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO DSM APPS AND THE DSM SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE DSM APPS AND DSM SERVICES BY OR FOR YOU, DURING YOUR USE OF ONE OR MORE VERSIONS OF THE DSM APPS DURING YOUR FREE DEMO WILL BE PERMANENTLY LOST AT THE END OF THE FREE DEMO.
NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), DURING THE FREE DEMO THE DSM APPS AND DSM SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If You are located in the United States, We may collect, and disclose and use anonymous data about Your use of the DSM Apps and DSM Services (“Usage Statistics”) to help us improve the DSM Apps and DSM Services. Any such disclosures of Usage Statistics will not include Your identity.
III. AM SERVICES AND TOOLS
A. Access to Services and Tools
For so long as you agree to these Terms and abide by them, you may use one or more of the DSM Apps and the DSM Services. These Terms apply to all Users of the DSM Apps and the Services, including Visitors and Registered Demo Users who are also contributors of Content. Your use of one or more of the DSM Apps may also be governed by a separate software license agreement made available to you when you first download the DSM Apps, and which is hereby incorporated into these Terms by reference.
1.Visitors.Visitors may browse the DSM Apps in accordance with these Terms, but will not have full access to the Services (which may include, but are not limited to, contributing and viewing Content, downloading Tools, posting comments or signing up for certain programs) without first becoming “Registered Demo Users.”
2. Registered Demo Users.In order to download and use the free demo version of the DSM Apps and DSM Services you are required to have an “Account.”If you set up your own Account, you were required to enter your company name, your first name, your last name, and a valid email address ("User ID") to access the free demo version of the DSM Apps and Services.You may have entered the first name, last name and email addresses of up to 4 other users whom you directed AM to invite to access the free demo version of the DSM Apps and DSM Services.If you were invited to access the free demo version of the DSM Apps and DSM Services, then another User created your Account and you hereby validate the information in such an Account by downloading one or more of the DSM Apps.Your User ID, password or Account information are, collectively, "Your Account").
You may transfer or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account.You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it.You agree (i) to be responsible for any act or omission of any users accessing one or more of the DSM Apps or Services under your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than yourself. If your access to the DSM Apps or use of the Services has previously been terminated by AM, then you may not register for a new account, or designate other individuals to use an account on their or your behalf without permission from AM.
If you setup your own Account then you agree to use your real name and you agree that any information you submit about yourself or others whom you invite to use the free demo version of the DSM Apps and DSM Services is truthful and accurate. You warrant and represent that all information you provide to us as part of your Account or another’s Account whom you invited to use the free demo is true, accurate, current and complete.You warrant and represent that you reasonably believe that those whom you invite to use and access the free demo of the DSM Apps and DSM Services desire to participate in the free demo.If We believe or suspect that such information is untrue, inaccurate, not current or incomplete, We may deny or terminate your access to the DSM Apps or the DSM Services (or any portion thereof) and any license(s) to the Tools.
3.Age Restriction. You affirm that you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the DSM Apps.
D.General Restrictions on Use
When using one or more of the DSM Apps, you agree not to revise or alter Content posted by others, and you agree not to post or use any Content in any manner that (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties; (iii) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by VT in its sole discretion; (iv) is false or inaccurate; (v) violates any law, civil or criminal, (vi) violates our policies, including posting content in an inappropriate category or areas on one or more the DSM Apps.
You also agree that you will not:
(a) modify or create any derivative product based on one or more of the DSM Apps or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of one or more of the DSM Apps or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.
(b) copy,replicate, transcribe or reproduce the ‘look and feel’ of any one of the DSM Apps, including its features and functionalities;
(c) copy, modify or distribute rights or content (that it is not yours) from one or more of the DSM Apps, Services or Tools or that infringes our (or our Users’) copyrights and trademarks, including creating derivative works;
(d) harvest, mine, or otherwise collect and store information about other users of the DSM Apps or Services, including contact information, without their consent;
(e) use the DSM Apps or the Services for illegal purposes or for promotion of dangerous activities;
(f) allow usage by others in such a way as to violate these Terms;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received; or
(h) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(i) use any high volume , automated, or electronic means to access the DSM App or the DSM Services (including, without limitation, robots, offline readers, spiders or scripts); or
(j) frame the DSM Apps place pop-up windows over its pages, or otherwise affect the display of its pages
Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
You agree not to use the DSM Apps or the Services to:
a) violate any local, state, national or international law, including, but not limited to intellectual property laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations having the force of law;
b) stalk, harass or harm another individual;
c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, including but not limited to, AM, or its respective staff members, employees, leaders, forum leaders, or hosts;
d) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
e) interfere with or disrupt the DSM Apps, the Services or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the DSM Apps or the Services;
f) generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
g) attempt to gain unauthorized access to the DSM Apps or Services, other accounts, computer systems, or networks connected to the DSM Apps through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the DSM Apps;
h) upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or the interests, Content or property of Visitors or Users or limit the functionality of any software, hardware or other equipment; or
i) circumvent, disable or otherwise interfere with security-related features of the DSM Apps or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DSM Apps or Services or the Content therein.
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Services to any third party.
1. As a Registered Demo User you may submit Content.All Content must meet the standards set by AM. You understand that AM does not guarantee any confidentiality with respect to any Content you submit. Your Content will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the DSM Apps or using the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit, and you hereby grant a license to AM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the DSM Apps or through the Services pursuant to these Terms.
2. For clarity, you retain all of your ownership rights in your own Content. However, by submitting Content to AM, you hereby grant AM a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable through multiple tiers and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the Content in connection with providing the DSM Apps or in connection with the Services and AM’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also hereby grant each user of one or more of the DSM Apps a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the DSM Apps and under these Terms. The above licenses granted by you in Content you submit to the DSM Apps will survive even if you remove or delete your Content from the DSM Apps. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
3. You further warrant that Content you submit to the DSM Apps or the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have rightful authorization to use it or you are otherwise legally entitled to post the material and to grant AM all of the license rights granted herein.
4. AM does not endorse any Content submitted to the DSM Apps or the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and AM expressly disclaims any and all liability in connection with Content. AM does not permit copyright infringing activities and infringement of intellectual property rights on the DSM Apps, and AM will remove Content if properly notified that such Content infringes on another's intellectual property rights. AM reserves the right to remove Content without prior notice.
5. Content is provided by AM to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the DSM Apps and the Services and as permitted under these Terms. You shall not download any Content unless you see a “download,” “stream” or similar button or link displayed by AM on the DSM Apps or the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of AM or the respective licensors of the Content. AM and its licensors reserve all rights not expressly granted in and to the DSM Apps, the Services and the Content.
6. You understand that when using the DSM Apps and the Services, you will be exposed to Content from a variety of sources, and that AM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
7. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.
F. Ownership of the DSM Apps
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the DSM Apps, the Services, the Content, and all tools, and all related intellectual property rights. Each of the DSM Apps, as a whole and individually, is copyrighted as a collective work and individual works or content appearing on or accessible through the DSM Apps owned by or licensed to AM or its content providers are likewise subject to copyright protection domestically and internationally.Likewise, all software, code, proprietary methods and systems used to provide the DSM Apps or the Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the DSM Apps according to these Terms.Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the DSM Apps or in the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by AM that appear on the DSM Apps are the property of their respective owners.You are not authorized to use any such Marks.Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the DSM Apps or the Services.
G.Feedback; Diagnosis of Problems
Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting ideas to AM, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) ideas submitted to AM or any of its employees or representatives automatically become the property of AM. If we solicit your Feedback or opinion regarding any areas of our business, the DSM Apps or the Services, and if you want to send us your Feedback (and we hope you do) we simply request that you send it to us by emailing email@example.com or by using the Feedback option that may or may not be available in one or more of the DSM Apps. You agree that any Feedback you provide to AM shall be deemed to be non-confidential. AM shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the DSM Apps or the Services. This includes not displaying, importing, exporting or using any Feedback information off of one or more of the DSM Apps, regardless of purpose.You hereby expressly permit AM or its authorized contractors and partners to access Your Account and Content in order investigate and diagnose actual or potential defects or other technical problems with the DSM Apps and/or Services.
H.Use of Third-Party Offerings
These Terms will become effective and binding when you download one or more of the DSM Apps or use one or more of the DSM Apps or the Services or when you voluntarily provide any information about yourself to us or when you indicate your agreement by checking any box on our website or following any instructions we place on any one of the DSM Apps (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the DSM Apps or the Services. We reserve the right to terminate these Terms and your access to one or more of the DSM Apps and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of one or more of the DSM Apps and the Services, we retain the license rights granted to us upon any Content uploaded or provided through the DSM Apps. Notwithstanding the foregoing, it is our policy to permanently delete all information provided to us and stored in Your Account upon termination of the Free Demo.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Services and Accounts, prohibit access to the DSM Apps and Content, the Services and the Tools, delay or remove any Content, take technical and legal steps to keep any Visitors or Users from using the DSM Apps if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.For example, AM will terminate a user's access to the DSM Apps and the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
AM reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. AM may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate Your Account for submitting such material in violation of these Terms.You hereby understand and agree that in addition to the above listed causes, AM reserves the right, at all times, to remove Content and/or terminate Accounts if we consider, at our sole discretion, such Content or Account to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for in connection with the DSM Apps.
The provisions of Sections I, II.D, II.E, II.F, IIG, III, IV and V will survive the termination of these Terms.
IV. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
THE SERVICES, THE DSM APPS, THE TOOLS, AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AM AND ITS AFFILIATES, PARNTERS AND CONTRACTORS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. AM AND ITS AFFILIATES, CONTRACTORS AND PARTNERS DO NOT WARRANT THAT YOUR USE OF THE DSM APPS AND/OR THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE SERVICES AND/OR THE DSM APPS IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. AM IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. AM DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE DSM APPS; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE DSM APPS OR THE SERVICES.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE DSM APPS OR THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE DSM APPS OR THE SERVICES AND FROM THE OUTPUT OF THE DSM AS OR THE SERVICES.
Though we strive to enforce our Content related rules with all of our users, including Registered Demo Users, you may be exposed through the DSM Apps or the Services to Content that violates our policies or is otherwise offensive. You use the DSM Apps and the Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the DSM Apps and Services if we determine or suspect that those accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the DSM Apps and Services whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and are neither endorsed by us nor do they necessarily reflect our beliefs.
B.Limitation Of Liability
USE OF THE AM SERVICES, THE DSM APPS, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL AM OR ITS AFFILIATES, CONTRACTORS AND PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF AM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF AM TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND AM RELATING TO THE PROVISION OF THE DSM APPS, THE SERVICES, AND ANY CONTENT TO YOU, AND AM WOULD NOT PROVIDE THE DSM APPS OR THE SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE DSM APPS OR THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AM, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the DSM Apps, the Services, Content and/or the Tools; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the DSM Apps, the Services, Content and/or the Tools.
V. MISCELLANEOUS MATTERS
If you believe your copyright has been violated by Content or Third-Party Offerings accessible on one or more of the DSM Apps please contact us by email at firstname.lastname@example.org.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AM without restriction.
Please report any problems, offensive content, policy violations and/or abuse to us at email@example.com.
D.Modifications to Terms
E.Modifications to Services.
We reserve the right to modify the DSM Apps and/or the Services at any time without notice. If you object to any changes to the DSM Apps or the Services, your sole recourse will be to cease using them. Continued use of the DSM Apps or the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the DSM Apps and/or the Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the DSM Apps or the Services.
These Terms will be subject to and construed in accordance with the laws of the State of Washington, United States of America excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against AM must be resolved exclusively by a state or federal court located in the State of North Carolina, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Raleigh, North Carolina for the purpose of litigating all such claims or disputes.
For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that VT may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event VT elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by VT. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
You agree to comply with all laws, rules and regulations that apply to your use of the DSM Apps, the Services, Content and the Tools.
If you are located outside the United States of America and/or are a national of another country and choose to provide information, upload Content to or register an Account with AM, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using the DSM Apps, you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.