TERMS OF USE
Use of Site
Before you use the Kestwild, LLC (“DashCammit”) website (the “Site”), you must carefully review these Terms of Use and the Privacy Policy (collectively, the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control. You should periodically check this page to make sure you are up to date. By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and DashCammit that you will use the Site only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Site is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, you are not authorized to access or use the Site.
You may only access the Site for your bona fide personal use. You may not use the Site for the purpose of competing with DashCammit or to assist in the reverse engineering of DashCammit services. You may not commercially exploit the Site or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using “framing” or similar technology or otherwise). Any use of any on-line communication features of this Site may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); DashCammit Inc. reserves the right (but without the obligation or any liability) to prohibit or remove any such material.
Conduct
You are entirely responsible for the content you post to the Webiste and DashCammit. When you post something to the Website, you thereby represent and warrant that: (a) your posting does not and will not infringe the proprietary rights, including but not limited to all intellectual property rights and rights in trade secret, of any third party; (b) your posting is not obscene, libelous or slanderous, does not violate any applicable law, regulation, or rule; (c) your posting does not contain false, misleading or incomplete address or information such that DashCammit or others are unable to identify you as the sending party; (d) your posting is not offensive or does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; (e) your posting does not contain content that harasses, discriminates, incites harassment or advocates harassment of any group or individual; (f) your posting does not otherwise violate any provision of this Agreement or any applicable law or regulation, including without limitation, any laws or regulations related to labor and employment; (g) your posting does not provide links to material that exploits people under the age of eighteen (18) in a sexual, violent or other manner, or solicit personal information from anyone under the age of eighteen (18); (h) your posting does not provide instructional information about illegal activities or other activities prohibited by law or this Agreement, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media, and soliciting passwords; (i) you will maintain the secrecy of your user name and password and that no person other than yourself or your authorized representative will use your user name or password; and (j) your access to and use of the Website will be in accordance with this Agreement and with any applicable laws or regulations.
You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, via the following activities: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any email.
Without limiting any of our other remedies, DashCammit has the right (though not the obligation) to, in DashCammit’s sole discretion and without limitation: (1) refuse or remove from the Website anything that in DashCammit’s opinion violates this Agreement or any DashCammit policy, or is in any way harmful or objectionable or likely to cause liability for DashCammit; or (2) terminate the account of, or deny access to and use of the Website to, any user for any reason, including without limitation any actual or reasonably suspected violation of this Agreement or any DashCammit policy.
Specific Prohibited Uses
The Website may be used only for lawful purposes. DashCammit specifically prohibits any other use of the Website. You agree not to do any of the following: (a) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website; (b) delete or revise any material posted by any other person or entity; (c) take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure; (d) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from DashCammit on the Website and other than generally available third party web browsers; (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software embodied in the Website; (f) aggregate, copy or duplicate in any manner any of the content on the Website or information available from the Website; (g) frame or link to any of content or information available from the Website; and (h) post any fictitious material whatsoever.
No Monitoring
(a) No Review
DashCammit acts as a venue for users to post and share information. DashCammit does not screen or censor the listings offered. DashCammit is not involved in the actual communication between users. As a result, and although users have represented that user information is accurate, DashCammit has no control over the quality, safety or legality of materials posted, the truth or accuracy of the content. DashCammit reserves the right, but has no obligation, to monitor interactions between you and other users of the Website. In the event that DashCammit becomes aware of any content that does not meet DashCammit’ standards, in DashCammit’ sole discretion, then DashCammit may remove such content immediately and without notice.
(b) Risk of Harm
In addition, please note that there are risks associated with your use of the Website, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website and recognize that by its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Website.
(c) No User Authentication
Because user authentication on the Internet is difficult, DashCammit cannot and does not confirm that each user is who they claim to be and you agree and acknowledge that some such claims or statements may be intentionally or unintentionally false. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Website, you agree and accept the risk that you may have a dispute with one or more users. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Website.
(d) Website Errors
The Website may contain inaccuracies or errors. DashCammit makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or any content thereon. The use of the Website is at your own risk. Changes are periodically made to the Website and may be made at any time.
(e) No Employer/Employee or Agency Relationship
DashCammit is not an employer or agent with respect to your use of the Website and DashCammit shall not be responsible for any employment decisions, for whatever reason made, made by any Employer posting jobs on the Website.
(f) No Guarantee
DashCammit cannot guarantee and does not promise any specific results from use of Website. No advice or information, whether oral or written, obtained by you from DashCammit or the Website shall create any warranty not expressly stated herein.
Disclaimer
IN NO EVENT WILL DASHCAMMIT OR DASHCAMMIT AFFILIATES (AS DEFINED BELOW) BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SITE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE SITE IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DASHCAMMIT AND DASHCAMMIT AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DASHCAMMIT MAKES NO WARRANTY THAT: (i) THE SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (ii) THE SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE SITE WILL MEET YOUR REQUIREMENTS. DASHCAMMIT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
Indemnity and Limitation of Liability
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS DASHCAMMIT, INCLUDING ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, ATTORNEYS, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “DASHCAMMIT AFFILIATES”) FROM AND AGAINST ALL SUITS, LOSSES, ACTIONS, PROCEEDINGS, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SITE AS YOUR INVITEE.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, DASHCAMMIT WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM: (i) USE OR INABILITY TO USE THE SITE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. In the event that this disclaimer is unenforceable, the total liability of DashCammit, if any, for losses or damages shall not exceed the fees you paid for yOUR USE OF THE SITE.
Links to other sites
Occasionally, DashCammit may make available a link to a third party’s Website. These links will let you leave the Site. The linked sites are not under DashCammit control and DashCammit is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. DashCammit is not responsible for webcasting or any other form of transmission received from any linked site. DashCammit provides the links only as a convenience. DashCammit does not endorse the site or its use or contents. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Privacy Policy
We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.
Miscellaneous
DashCammit may, in its sole discretion, terminate your authorization to use the Site without notice, for any reason whatsoever, including without limitation: (i) conduct that violates these Terms or other policies or guidelines set forth by DashCammit elsewhere within the Site; or (ii) conduct DashCammit believes is harmful to other DashCammit users or the business of DashCammit. DashCammit will not be liable to you or any third-party for any termination of your access to the Site.
DashCammit and you agree that this Agreement shall be interpreted under the laws of the State of Michigan without giving effect to the choice of laws principles thereof. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts in the Eastern District of Michigan, and the parties expressly consent to the exclusive jurisdiction of, and venue in, such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts. The parties hereby consent to service of process by overnight courier in addition to any method acceptable under the laws of the State of Michigan.
DashCammit may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Site or any part of the Site. Any amendments or modifications made by DashCammit will be prospective only.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
These Terms constitute the entire agreement between you and DashCammit governing your use of the Site. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
The failure of DashCammit to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If any part of these Terms is held invalid or unenforceable, that part will be automatically reformed to reflect as nearly as possible the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the provision so held shall be modified automatically so to be valid or enforceable and to as nearly as possible reflect the intent of the parties.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms to abuse@DashCammit.com.
DMCA
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement: [DashCammit Person’s NAME]
Full Address of Designated Agent to Which Notification Should be Sent: [DashCammit Person’s ADDRESS]
Telephone Number of Designated Agent: [DashCammit Person’s PHONE]
Facsimile Number of Designated Agent: [DashCammit Person’s FAX]
Email Address of Designated Agent: [DashCammit Person’s EMAIL]
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
• An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;.
• A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
