The following describes the terms on which DirectSalesAid offers you access to our services.
By using the services on the DirectSalesAid websites (the "Sites"), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with DirectSalesAid Inc. and the general principles for the websites of our subsidiaries.
This Agreement is effective on January, 1st 2012, for current users, and upon acceptance for new users.
While using the Sites and Services, you will not:
DirectSalesAid and our users work together to keep the Sites working properly. Please report problems, offensive content, and policy violations to us. If you believe that your rights have been violated, please notify us and we will investigate.
You may not transmit, distribute, download, copy, cache, host, or otherwise store any information, data, material, or work that infringes the intellectual property rights of others. DirectSalesAid has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998.
You may not send unsolicited bulk messages over the Internet (i.e., "spamming") and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We charge subscription fees for our services and those fees may change from time to time. Changes to fees are effective after we provide you with at least thirty days' notice by posting the changes on DirectSalesAid.com or DSAid.com. All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
The Website Designs, DirectSalesAid (WebContent) are protected by federal copyright law. Photocopying or reproducing them in any form other than for personal use by Subscriber or Subscriber's clients is strictly prohibited.
Your use of the WebContent over any period of time gives you no rights other than those rights granted by this license. DirectSalesAid reserves the right to add, delete or modify WebContent, as it deems appropriate. Subscriber will relinquish the license to use WebContent upon termination of its subscription to DirectSalesAid.
WebContent is to be used only in regard to your direct sales business and shall not be used in connection with any commercial venture, directly or indirectly and whether or not related to the direct sales business.
You will not hold DirectSalesAid liable for any indirect, incidental, or consequential damages or for any loss of revenue or profits resulting from the use of DirectSalesAid' Sites and Services, or any failure of the Sites or any loss of data resulting from delays or service interruptions.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to DirectSalesAid by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on DirectSalesAid's national registered agent or to the email address you provide to DirectSalesAid during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and DirectSalesAid, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and DirectSalesAid agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
DirectSalesAid Inc. is located at Cottonwood Heights, UT. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you via email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.