Website Terms of Use

Agreement and Terms

The dmetrack.com website, including all of its sub-sites, pages, and features (the "Site") is made available to each visitor who uses the Site ("you" or "your") by StateServ Holdings LLC and its affiliates ("Company", "we", "our", or "us"); and, all content, information, writings, images and/or other works and materials provided on or through this Site (the "Content") may be used by you solely under the following terms and conditions ("Terms of Use").

These Terms of Use describe the rules for using this Site. These Terms of Use constitute a legally binding agreement between you and Company. By using this Site, you agree to the most-recent Terms of Use as well as the most-recent version of our Privacy Policy.

Changes to Terms of Use

Company may change these Terms of Use at any time, and such changes will be posted on this page or a similar page of this Site. It is your responsibility to review these Terms of Use each time you use this Site. By continuing to use this Site, you agree to be bound by any changes to these Terms of Use.

Privacy Policy

By using our Site, you also agree to the terms in our Privacy Policy, which explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your information. Click here to view the Company Privacy Policy.

Limited License

As a user of this Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and Content in accordance with these Terms of Use. All rights, title, and interest in and to the Site - including the Content, and all intellectual property rights - including all copyright, trademark, patent, and trade secret rights therein - shall remain with Company and applicable licensors; and, no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Site, granting the foregoing licenses, or entering into these Terms of Use. Company may terminate this license at any time for any reason. If you breach any of these Terms of Use, your license to access and use the Site and the Content terminates immediately. Upon the termination of this license by Company for any reason, you must stop using this Site - including all the Content, and return or destroy all copies - including electronic copies, of Content in your possession or control.

Limitations on Use

The Site and Content on the Site is for your personal use only and not for commercial exploitation. You are permitted to store and print the Content made available to you only for your own use. You agree to use the Content solely for your own educational purposes and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, store, distribute, or dispose of the Content in a manner that could compete with the business of Company. You are not permitted to distribute, publish, transmit, or otherwise reproduce the Content, in whole or in part, in any format to any third party without the express written consent of Company, which consent may be withheld in its sole and absolute discretion. You are not permitted to alter, obscure, or remove any copyright, trademark, or any other notices that are provided to you in connection with this Site or the Content. The Content has been prepared for informational purposes and in accordance with the business interests of Company. To the extent this information is provided by third parties not subject to the control of Company, Company is not responsible for inaccurate information, product descriptions, or prices, and you acknowledge that any damages or other remedies sought in connection with such inaccurate information must be from the third-party supplier. For product and pricing information provided by the third party, Company does not undertake any obligation to independently verify the accuracy of such information. With respect to Content other than product or pricing information, you acknowledge that Company is under no obligation to verify the accuracy or completeness of the Content on this Site and does not represent that it has done so. Therefore, you rely upon such Content at your own risk. In furnishing Content, Company does not undertake any obligation to provide you with updates or corrections in connection with the Content on this Site or to provide you with access to any additional information in connection with the Content on this Site.

You may not decompile, reverse engineer, disassemble, lease, sell, sublicense, or create derivative works from this Site or the Content. Nor may you use any network monitoring or discovery software to extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, nor manual process to monitor or copy the Site or the Content without Company's prior written permission, which may be withheld in our sole and absolute discretion. You may not use this Site to transmit false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of this Site. You may not use or otherwise export or re-export this Site or any portion thereof, nor the Content, in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Site or the Content is prohibited.

No Medical Advice

The Content on this Site is for your general information only. You understand and agree that Company is not in the practice of medicine and that the Content on this Site is not intended and does not constitute a substitute for competent medical advisors. The Content on this Site cannot, and is not intended to, replace the relationship that you have with your health care professionals. If you are experiencing a medical emergency, you should not rely on the Content on this Site and should seek appropriate emergency medical assistance, such as calling "911".

Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that this Site and the Content on this Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from Company or other trademark owner, except as permitted by applicable law. The Site and the Content are protected by U.S. copyright laws, and belong to Company or its partners, contributors or third parties. The copyrights in the Content are owned by Company or other copyright owners who have authorized the use of their works on the Site. You may download and reprint the Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint the Content only for educational or other non-commercial purposes within your business or organization. You may not manipulate or alter in any way images or other Content on the Site.

Copyright Infringement — DMCA Notice

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Site infringes a copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent by mail in accordance with the notice provisions enumerated later in the Terms of Use.

The notice must include: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA and should be sent to the address above.

Linked Websites

While visiting this Site you may click on a link to other websites and leave this Site. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

Third party content may appear on this Site or may be accessible via links from this Site. Company shall not be responsible for and assumes no liability for any infringement, mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this or linked from this Site. You understand that the information and opinions in any third-party content is neither endorsed by nor does it reflect the belief or opinion of Company. Further, information and opinions provided by employees and agents of Company are not necessarily endorsed by Company and do not necessarily represent the beliefs and opinions of Company.

Linking to This Site

Unless specifically authorized by Company in writing, you may not create links to this Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site.

No Warranties

THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE THESE TERMS OF USE. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SITE OR THE CONTENT AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, RELIABLE, SECURE OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.

Limitation of Liability

In no event will Company be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages, including without limitation, loss of profits, loss of anticipated profits, or business interruption, arising out of (i) the use of or inability to use the Site and/or the Content, (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or the Content, or (iii) any other matter relating to the Site or the Content, even if Company has been advised of the possibility of such damages or could have foreseen any such damages. If you are dissatisfied with the Site, the Content, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

You agree that, regardless of the failure of the sole and exclusive remedy in these Terms of Use, neither you nor Company will be liable to the other for any incidental, consequential, special, indirect, punitive or exemplary damages of whatsoever kind or nature. You agree that the exclusion of incidental, consequential, special, indirect, punitive or exemplary damages is intended as an independent agreement apart from the sole and exclusive remedy in these Terms of Use. In no event shall you or Company be liable for any incidental, consequential, special, indirect, punitive or exemplary damages, including, without limitation, loss of profits, loss of anticipated profits, or business interruption, whether arising under these Terms of Use or otherwise, even if either party has been advised of the possibility of such damages or claim or could have foreseen any such damages.

Because some states do not allow the exclusion or limitation of liability for direct, consequential, incidental or certain other types of damages, some of the above limitations may not apply to you. In such states, Company's total liability to you is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $500.00.

Idemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Company from and against all claims, losses, expenses, damages and costs, and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

No Children Under 13

You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 19 years of age a parent and/or guardian agrees to these Terms of Use on your behalf.

No Offers

The Site and the Content on the Site have been prepared for informational purposes only and are not to be construed as an offer to enter into a particular transaction.

Entire Agreement

These Terms of Use incorporate by reference any notices contained on this Site and the Privacy Policy and constitute the entire agreement with respect to access to and use of this Site.

Severability

If any provision of these Terms of Use is held by a court of law with jurisdiction hereof to be unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use.

Governing Law and Statue of Limitations

The terms of these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Arizona, without regard for its conflicts of laws principles that would cause the application of the laws of another State. All disputes, litigation, proceedings or other legal actions in connection with or relating to these Terms of Use (a "Proceeding") shall be instituted only in the courts of the State of Arizona sitting in Phoenix, Arizona, or, subject to applicable jurisdictional requirements, the United States District Court for the District of Arizona sitting in Phoenix, Arizona (the "Applicable Courts"), and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of the Applicable Courts with respect to any Proceeding, and further agree to refrain from instituting any such Proceeding in any other court and from seeking to remove any such action or proceeding from the Applicable Courts.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site or these Terms of Use, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Notices and Contact Information

You may provide notice to us by phone at:

(US toll free): 877-633-7250

To provide notice to us by mail:

StateServ Holdings LLC
1201 S Alma School Rd, Ste 4000
Mesa, AZ 85210
Attn: Chief Compliance Officer

Additional Terms

The following sections shall survive termination of these Terms of Use: Agreement and Terms; Changes to Terms of Use; Limited License; Limitations on Use; No Advice; Intellectual Property Rights; Copyright Infringement – DMCA Notice; Posting Messages, Comments or Other Content; Linked Websites; No Warranties; Limitation of Liability; No Offers; Entire Agreement; Severability; Governing Law and Statute of Limitations; and Additional Terms. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Company may transfer or assign its rights and obligations under these Terms of Use.

Copyright © 2016-2019 StateServ Holdings LLC.

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