Digital Customer Notification (DCN) is a platform that helps service-based businesses generate more revenue and is operated by Solutioneering, LLC (“SOLUTIONEERING”) on the World Wide Web (Web) of the Internet at www.digitalcustomernotification.com, consisting of certain services and content provided by SOLUTIONEERING. Note: The term “Digital Customer Notification” is a registered trademark with the United States Patent and Trademark Office.
(A) This End User Agreement (the “Agreement”), sets forth the terms and conditions that apply to use of DCN by each end user or entity thereof (“End User”). Note: The term “End User” is also inclusive of said End User’s prospective or actual customers as well. By using DCN (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use DCN is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User shall be fully responsible for the use of DCN by any other person it permits to access DCN. (B) SOLUTIONEERING shall have the right at any time to change or discontinue any aspect or feature of DCN, including, but not limited to, content, hours of availability, and equipment needed for access or use.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of DCN and all charges related thereto.
End User Conduct
End User shall use DCN for commercial, lawful purposes only. End User shall not post or transmit through DCN any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any conduct by End User that in SOLUTIONEERING’s discretion restricts or inhibits any other End User from using DCN will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) DCN or its computer network to make unauthorized entry to any other machine accessible via DCN or its computer network, and (4) use of DCN to advertise or perform any commercial solicitation of users of DCN to become users of other service-based business revenue-generating platforms competitive with DCN. Without limiting any other rights or remedies of SOLUTIONEERING, violations of the foregoing may result in removal of volative communications and/or early termination of the End User’s access to DCN.
SOLUTIONEERING shall have the right, but not the obligation, to monitor the content of DCN for End User and public safety and to report to the appropriate law enforcement authorities within or outside of the U.S. any material which is perceived to violate or infringe in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense. SOLUTIONEERING implements the latest commercially available resources to promote the Internet safety for DCN End User and the public. End User should take every precaution to ensure their own safety as a member of DCN. In particular, End User should educate themselves about Internet safety by visiting the following Internet sites such as www.staysafeonline.org and www.fbi.gov. If there are more questions or concerns regarding DCN and SOLUTIONEERING’s commitment to Internet safety, please contact SOLUTIONEERING at email@example.com.
Disclaimer of Warranty and Limitation of Liability
(A) END USER EXPRESSLY AGREES THAT USE OF DCN IS AT END USER’S SOLE RISK. NEITHER SOLUTIONEERING, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, CLIENT ORGANIZATIONS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “SOLUTIONEERING PARTIES”) WARRANT THAT DCN WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DCN, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DCN. (B) DCN IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT SOLUTIONEERING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER. END USER SPECIFICALLY ACKNOWLEDGES THAT SOLUTIONEERING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH END USER. (D) IN NO EVENT WILL SOLUTIONEERING, THE SOLUTIONEERING PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING DCN OR THE DCN SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DCN. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON DCN. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SOLUTIONEERING, NOR THE SOLUTIONEERING PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN DCN, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE SOLUTIONEERING PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE DCN SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER’S USE OF DCN AND RETAINED BY SOLUTIONEERING OR (B) ONE HUNDRED DOLLARS ($100). (F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO END USER. IN SUCH JURISDICTIONS, SOLUTIONEERING’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SOLUTIONEERING shall have the right, but not the obligation, to monitor the content of DCN to determine compliance with this Agreement and any operating rules established by SOLUTIONEERING and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, SOLUTIONEERING shall have the right to remove any material that SOLUTIONEERING, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Note: Contact SOLUTIONEERING at firstname.lastname@example.org for real or perceived violations or other DCN-related issues or concerns.
End User agrees to defend, indemnify and hold harmless SOLUTIONEERING, and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of DCN by End User, inclusive of any claim that content in any way causes damage to a third party, except to the extent such claims and expenses arise directly out of the gross negligence of SOLUTIONEERING.
Either SOLUTIONEERING or End User may terminate this Agreement at any time. Without limiting the foregoing, SOLUTIONEERING shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which SOLUTIONEERING, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. All applicable provisions shall survive termination of this Agreement.
Trademarks appearing on DCN are the property of SOLUTIONEERING, affiliates of SOLUTIONEERING, or their respective owners.
Third Party Content
SOLUTIONEERING is a distributor (and not a publisher) of content supplied by End User. SOLUTIONEERING has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other Information or content expressed or made available by End User, third parties, or any other user of DCN, are those of the respective author(s) or distributor(s) and not of SOLUTIONEERING. Neither SOLUTIONEERING nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the applicable section above for the complete provisions governing Disclaimer of Warranty and Limitation of Liability). In many instances, the content available through DCN represents the opinions and judgments of the respective information provider (i.e. End User, or other user) not under contract with SOLUTIONEERING. SOLUTIONEERING and the SOLUTIONEERING PARTIES neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on DCN. Under no circumstances will SOLUTIONEERING or the SOLUTIONEERING PARTIES be liable for any loss or damage caused by an End User’s reliance on information obtained through DCN. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through DCN.
Once registered for DCN, End User will determine the number of customer notifications to be purchased based upon the options made available by SOLUTIONEERING on DCN. Purchases are credit card-based only. Unless End-User modifies the number of customer notifications to be purchased or cancels use of DCN (see Cancellation), the credit card number on file will automatically be charged the same amount as most recent purchase of customer notifications “when” End User has 10 percent of customer notifications remaining from most recent purchase. “When” End User has 20 percent of customer notifications remaining from most recent purchase of customer notifications, an automatically generated e-mail will be sent to End User by SOLUTIONEERING to the e-mail address on record at time of DCN registration (unless updated on DCN) as a reminder of the upcoming charges to End User’s credit card for the next amount of customer notifications unless End User cancels use of DCN.
End User may cancel use of DCN at any time by logging onto DCN and going to the Registration Page checking the box labeled “Cancel My DCN Account”. Once this is done, End User credit card will no longer be charged. End User will be not be reimbursed for any unused customer notifications in End User’s account.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of DCN, including, but not limited to, any supplemental terms governing the use of certain specific material contained in DCN and any operating rules for DCN established by SOLUTIONEERING) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia in the United States of America, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Digital Millennium Copyright Act Notice
(A) SOLUTIONEERING owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via DCN by third parties not within the control of SOLUTIONEERING. It is SOLUTIONEERING’s policy not to permit materials known by SOLUTIONEERING to be infringing to remain on DCN. If End User or other is a copyright owner or an agent thereof and believes that any other DCN content infringes upon End User’s or other’s copyrights, End User or other copyright owner may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the “DMCA”) by providing SOLUTIONEERING with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact End User or other copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that End User or an agent is authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed. Pursuant to the DMCA 17 U.S.C. 512 (c), SOLUTIONEERING has designated the Chief Legal Officer and General Counsel of SOLUTIONEERING, LLC, as its agent (“Agent”) for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on DCN. The Agent contact information is: SOLUTIONEERING, LLC. c/o Chief Legal Officer/ General Counsel, 40737 Chevington Lane Leesburg, Virginia 20175. Note: Contact SOLUTIONEERING at email@example.com for any real or perceived DCMA or law enforcement issues. For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as set forth at the beginning of this Agreement. End User or other expressly acknowledges that if End User or other fails to comply with all of the requirements of this section, End User’s DMCA notice may not be valid. (B) If End User believes that End User’s content that has been removed (or to which access was disabled) is not infringing, or that End User has authorization from the actual copyright owner, the copyright owner’s agent, or pursuant to law, to submit, post and make use of such content, End User may send a counter-notice containing the following information to the Agent: (i) End User’s physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared on DCN prior to the point at which such content, was removed or disabled; (iii) a statement that End User has a good faith belief that the content, was removed or disabled as a result of mistake or a misidentification of the content; and (iv) End User’s name, address, telephone number, and, if available, an e-mail address, a statement that End User consents to the jurisdiction of the federal court in Alexandria, VA (Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, 2nd Floor, Alexandria VA 22314-5704), and a statement that End User will accept service of process from the party that provided notification of the alleged infringement. If a counter-notice is received by the Agent, SOLUTIONEERING may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the End User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SOLUTIONEERING’s sole discretion. (C) SOLUTIONEERING suggests that End User consult their legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.