Terms of
Use and Legal Disclaimer Agreement between user, DBS
Prelims, LLC and www.DBSPrelims.com: The dbsprelims.com
website is comprised of various web pages operated by DBS
Prelims, LLC. The dbsprelims.com website is offered to you
conditioned on your acceptance without modification of
terms, conditions, and notices contained herein. Your use
of the dbsprelims.com website constitutes your agreement to
all such terms, conditions, and notices.
dbsprelims.com is not a law firm, and the employees of DBS
Prelims, LLC, and dbsprelims.com are not acting as your
attorney: dbsprelims.com does not practice law and does not
give legal advice. This site is not intended to create an
attorney-client relationship, and by using dbsprelims.com,
no attorney-client relationship will be created
dbsprelims.com Instead, you are representing yourself in
any legal matter you undertake through dbsprelims.com's
legal document service. The dbsprelims.com web site is not
substitute for the advice of attorney.
Furthermore, the legal information on this site is not
legal advice and is not guaranteed to be correct, complete
or up-to-date. Because the law changes rapidly,
dbsprelims.com cannot guarantee that all the information on
the site is completely current. The law is different from
jurisdiction to jurisdiction and state to state, and is
also subject to interpretation by different courts. The law
is different from jurisdiction to jurisdiction, and is also
subject to interpretation by different courts.
This site and some of the articles on this site contain
links to other resources and businesses on the Internet.
Those links are provided as citations and aids to help you
identify and locate other Internet resources that may be of
interest, and are not intended to state or imply that
dbsprelims.com sponsors, is affiliated or associated with,
or is legally authorized to use any trade name, registered
trademark, logo, legal, or official seal, or copyrighted
symbol that may be reflected in the links.
DBS Prelims, LLC and www.DBSPrelims.com are not responsible
for any loss, injury, claim, liability, or damage related
to your use of this site or subsequent services whether
expressed or implied. In short, your use of the services
and site is at your own risk.
Modification of these terms of use: DBS Prelims, LLC
reserves the right to change the terms, conditions, and
notices under which the dbsprelims.com website is offered,
including but not limited to the charges associated with
the use of the dbsprelims.com website.
Third party services: Certain services made available via
dbsprelims.com are delivered by third party sites and
organizations. By using any product, service or
functionality originating from the dbsprelims.com domain,
you hereby acknowledge and consent that DBS Prelims, LLC
and may share such information and data with any third
party with whom DBS Prelims, LLC has a contractual
relationship to provide the requested product, service or
functionality on behalf of dbsprelims.com users and
customers.
No unlawful or prohibited use: As a condition of your use
of the dbsprelims.com website, you warrant to DBS Prelims,
LLC that you will not use the dbsprelims.com website for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the dbsprelims.com
website in any manner which could damage, disable,
overburden, or impair the dbsprelims.com website or
interfere with any other party's use and enjoyment of the
dbsprelims.com website. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the
dbsprelims.com websites.
LIABILITY DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
DBSPRELIMS.COM WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DBS PRELIMS, LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DBSPRELIMS.COM
WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE DBSPRELIMS.COM
WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE DBSPRELIMS.COM
WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AND
APPROPRIATE PROFESSIONAL SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
DBS PRELIMS, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE DBSPRELIMS.COM WEBSITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE DBSPRELIMS.COM WEBSITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. DBS Prelims, LLC AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL DBS PRELIMS, LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE DBSPRELIMS.COM WEBSITE, WITH THE
DELAY OR INABILITY TO USE THE DBSPRELIMS.COM WEBSITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE DBSPRELIMS.COM
WEBSITE, OR OTHERWISE ARISING OUT OF HTE USE OF THE
DBSPRELIMS.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE
OF DBSPRELIMS.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DBS
PRELIMS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FO CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORT OF THE DBSPRELIMS.COM
WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMDY IS TO DISCONTINUE USING THE DBSPRELIMS.COM
WEBSITE.
Termination/Access Restriction: DBS Prelims, LLC reserves
the right, in its sole discretion, to terminate your access
to the dbsprelims.com website and the related services or
any portion thereof at any time, without notice.
General: To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Arizona,
U.S.A., and you hereby consent to the exclusive
jurisdiction and venue of court in Maricopa County,
Arizona, U.S.A. in all disputes arising out of or relating
to the use of the dbsprelims.com website. Use of the
dbsprelims.com website is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms
and conditions, including, without limitation, this
paragraph. You agree that no joint venture, partnership,
employment, or agent relationship exists between you and
DBS Prelims, LLC as a result of this agreement or use of
the dbsprelims.com website. DBS Prelims, LLC's performance
of this agreement is in derogation of DBS Prelims, LLC's
right to comply with the government, court, and law
enforcement requests or requirements relating to your use
of the dbsprelims.com website or information provided to or
gathered by DBS Prelims, LLC with respect to such use.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law, including but
not limited to the warranty disclaimers and liability
limitations set forth save then the invalid or
unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and DBS
Prelims, LLC with respect to the dbsprelims.com website and
it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between
the user and DBS Prelims, LLC with respect to the
dbsprelims.com website. A printed version of this agreement
and of any notice given in electronic form shall be
admissible in judicial or administrative proceeds based
upon or relating to this agreement to the same extend and
subject o the same conditions as any other business
documents and records originally generated and maintained
in printed form. It is the express wise of the parties that
is agreement and all related documents by drawn up in
English.
Any rights not expressly granted herein are reserved.
Notices and procedures for Making Claims of Copyright
Infringement: Pursuant to Title 17, United States Code,
section 512(c)(2), notifications of claimed copyright
infringement under United States Copyright law should be
sent to DBS Prelims, LLC's designated agent for service.
Except for the express warranties stated herein, the
Licensed Materials are provided on an "as is" basis, and
Licensor disclaims any and all other warranties,
conditions, or representations (express, implied, oral or
written), relating to the Licensed Materials or any part
thereof, including, without limitation, any and all implied
warranties of quality, performance, merchantability or
fitness for a particular purpose. Licensor makes no
warranties respecting any harm that may be caused by the
transmission of a computer virus, worm, time bomb, logic
bomb or other such computer program. Licensor further
expressly disclaims any warranty or representation to
Authorized Users, or to any third party. The licensed
program is provided to users on an "as is" basis without
warranty of any kind, either expressed or implied,
including but not limited to the implied warranties of
merchantability and
fitness for a particular purpose. The entire risk as to the
quality and performance of the licensed program is with the
user. Should the licensed program prove defective, the user
assumes the entire cost of all necessary servicing, repair
or correction. Please note that some states do not allow
the exclusion of implied warranties, so the above exclusion
may not apply.
Under no circumstances shall Vendor ‘s liability for acts,
or failure to act, including liability for breach of
contract, tort, copyright infringement, theft of trade
secrets, or any other violation of intellectual property
rights, exceed in the aggregate the monies paid by Customer
to Vendor.
