DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DSL AND ITS AFFILIATES FOR ANY CLAIMS UNDER THIS AGREEMENT OR RELATED TO THE APPLICATION IS LIMITED TO THE AMOUNT YOU PAID TO DSL TO USE THE APPLICATION. 

APP USER OBLIGATIONS

Acceptable Use Policy. You are the only one responsible for anything that you do or fail to do under your account or password, and you agree not to use the Application in an unacceptable way, including (but not limited to) the following unacceptable activities:

(i)                 creating a fake identity or attempting to mislead anyone about your identity or where a message came from on the Application;

(ii)              using accounts, account numbers, or attempting to enter records or authorize transactions through accounts for which you do not have the authority;

(iii)            spreading or sending any materials or messages that are not for the intended use of the Application or that contain anything that is obscene, defamatory, harassing, offensive, or malicious;

(iv)             passing or sending files, graphics, software, or anything else that actually or potentially infringes on any other Intellectual Property rights;

(v)               exporting or otherwise transferring data, information, or software in violation of any applicable export or import law, regulation, or restriction;

(vi)             interfering with, disrupting, or trying to gain unauthorized access to information or other accounts hosted on the Application;

(vii)          trying to copy, modify, or reverse engineer the Application without the express written permission from an authorized representative of DSL;

(viii)        doing anything else deemed by DSL to be in conflict with the spirit or intent of this Agreement or the intended use of the Application.

DSL hereby expressly denies any and all liability from or relating to an App User’s violation of this Acceptable Use Policy.

App User Account Information. It is solely your responsibility to maintain current and accurate information for your account within the Application. If you fail to maintain a current and valid phone number, you will not be notified when information becomes available through the Application by SMS message. You assume responsibility for all consequences due to your failure to maintain accurate account information within the Application.

PRIVACY & CONFIDENTIALITY OF INFORMATION

In addition, DSL may aggregate anonymous statistical data from the information provided through the Application, without identifying the App User as its source. This data may be used by DSL or other third parties to assist in providing better products and services to you. By signing this agreement, you consent to such use of the information.

Each user session with the Application is secured by strong encryption technology to protect against the unauthorized interception of information. You acknowledge that despite DSL’s security practices, there is always a possibility that information may be intercepted during transmission to or from the Application, and that DSL cannot and does not guarantee that the use of the Application is completely secure. You agree to take on any risk associated with the unauthorized access to your information during passing of such information between the Application and you and after this information has been delivered to you.

SECURITY

GENERAL TERMS AND CONDITIONS

Assignment. This Agreement shall be between you and DSL only, and you do not have the right to assign this Agreement or any of the rights or obligations under this Agreement to any other person or company.

Modification. DSL may make reasonable changes to the terms and conditions of this Agreement to address changes or improvements to the Application or Related Service or to address changes in applicable law. If this Agreement is modified, you will have the chance to review the revised Agreement and decide whether to agree to the terms. The most recent and governing version of the Agreement will be accessible through the Application.

Waiver. The failure or delay in exercising any right, power or remedy of any provision of this Agreement or available to a party under applicable law shall constitute a waiver of such right, power or remedy.

Severability. If any part of this Agreement is found to be illegal, unenforceable, or void, then that part of the Agreement shall be treated as though it has been removed from the Agreement, but only the part which is illegal, unenforceable, or void. If this happens, the rest of the Agreement will remain the same.

Notices. All notifications to DSL related to this Agreement or the provision or use of the Application shall be communicated through the “Contact Support” link in the Application or on DSL’s Support Page with the phrase “LEGAL NOTICE” in the title. All notifications to the App User shall be communicated using either in-app notifications or SMS messages using the phone number provided by you on the Application. The App User shall be responsible for maintaining an accurate phone number in the Application.

Entire Agreement. This Agreement and the Privacy Policy represent the complete and only statement of the agreement and understanding between you and DSL regarding your rights to access and use the Application and the provision of Related Services and information. This Agreement supersedes all prior agreements and representations regarding such subject matters, including any verbal representations or agreements that may have been reached.

BY CHECKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS USER LICENSE AGREEMENT AND EXPRESSLY AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS, DO NOT ATTEMPT TO USE OR REGISTER AN ACCOUNT WITH THE APPLICATION.