Your use of Dx21, LLC's ("Dx21") Internet site (CrownAndBee.com) or any of the products or services offered on
this site (collectively, the "Services") is subject to these Terms of Use (these "Terms").
Dx21 may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our site for any reason;
- Refuse, move, or remove any content that is available on our site;
- Deactivate or delete your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our
representatives and that these communications are considered part of the
Services. You will not be able to opt out of receiving these messages.
Content on our sites
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part
without prior written permission from Dx21. Please review our
copyright notice.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Our site contains content that we create as well as content provided by third parties. This content includes, among other things,
product descriptions, product development information, "white papers", and
opinion columns. It also includes information about products and services offered by parties other than
Dx21, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.
Third-party sites, products, and Services
Our site contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
Dx21 disclaims any responsibility for or liability related to products or
services that we review, list, or advertise on our site. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Dx21's fee-based services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Privacy policy
All of the information that we collect from you, such as registration information, is subject to our privacy policy. Please click here to see our full
Privacy Policy.
Your conduct on our sites
If we request registration information from you, you
will provide us with true, accurate, current, and
complete information. You will promptly update your
registration to keep it accurate, current, and complete.
If we issue you a password, you may not reveal it to
anyone else. You may not use anyone else's password. You
are responsible for maintaining the confidentiality of
your accounts and passwords. You agree to immediately
notify us of any unauthorized use of your passwords or
accounts or any other breach of security. You also agree
to exit from your accounts at the end of each session.
We will not be responsible for any loss or damage that
may result if you fail to comply with these
requirements.
The technology and the software
underlying our site and the Services is the sole property of
Dx21. You
agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, reverse engineer, grant a security
interest in, or otherwise transfer any right to the
technology or software underlying our site or the
Services. You agree not to modify the software
underlying our sites in any manner or form or to use
modified versions of such software, including (without
limitation) for the purpose of obtaining unauthorized
access to our sites.
Without limiting the foregoing, you agree that you
will not use our site to take any of the following
actions:
- Defame, abuse, harass, stalk, threaten, or
otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or
disseminate (collectively, "Transmit") any
inappropriate, profane, defamatory, infringing,
obscene, indecent, or unlawful content;
- Publish, post, upload, e-mail, distribute, or
disseminate (collectively, "Transmit") any
political, religious, or discriminatory content;
- Transmit files that contain viruses, corrupted
files, or any other similar software or programs
that may damage or adversely affect the operation of
another person's computer, our sites, any software
or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services
for any commercial purpose unless you have our
written consent to do so;
- Transmit surveys, contests, pyramid schemes,
spam, unsolicited advertising or promotional
materials, or chain letters;
- Download any file that you know or reasonably
should know cannot be legally obtained in such
manner;
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations
or labels of the origin or the source of software or
other material;
- Restrict or inhibit any other user from using
and enjoying any public area within our sites;
- Collect or store personal information about
other end users;
- Interfere with or disrupt our sites, servers, or
networks;
- Impersonate any person or entity, including, but
not limited to, a Dx21 representative, or
falsely state or otherwise misrepresent your
affiliation with a person or entity;
- Forge headers or manipulate identifiers or other
data in order to disguise the origin of any content
transmitted through our sites or to manipulate your
presence on our sites;
- Take any action that imposes an unreasonably or
disproportionately large load on our infrastructure;
- Engage in any illegal activities.
You agree to use our bulletin board services, chat
areas, news groups, forums, communities and/or message
or communication facilities (collectively, the "Forums")
only to send and receive messages and material that are
proper and related to that particular Forum.
If you choose a displayname that, in our sole
discretion, is obscene, indecent, abusive or that might
otherwise subject us to public disparagement or scorn,
we reserve the right, without prior notice to you, to
automatically change your username, delete your posts
from our sites, deny you access to our sites, or any
combination of these options.
Unauthorized access to our sites is a breach of these
Terms and a violation of the law. You agree not to
access our sites by any means other than through the
interface that is provided by Dx21 for use in
accessing our sites. You agree not to use any automated
means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy any
part of our sites, except those automated means that we
have approved in advance and in writing.
Use of our sites is subject to existing laws and
legal process. Nothing contained in these Terms shall
limit our right to comply with governmental, court, and
law-enforcement requests or requirements relating to
your use of our sites.
Indemnification
You hereby agree to indemnify, defend and hold
Dx21 and all of our officers, directors, owners,
employees, agents, information providers, affiliates,
partners, and licensors (collectively, the "Dx21 Party") harmless from and against any and all
liability, losses, costs, and expenses (including
attorneys' fees) incurred by any Dx21 Party in
connection with any claim, including, but not limited
to, claims for defamation, violation of rights of
publicity and/or privacy, copyright infringement, or
trademark infringement arising out of:
- Your use of our sites;
- Any use or alleged use of your accounts or your
passwords by any person, whether or not authorized
by you;
- The content, the quality, or the performance of
content that you submit to our sites;
- Your connection to our sites;
- Your violation of these Terms; or
- Your violation of the rights of any other person
or entity.
We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to
cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the
misdelivery, or the untimely delivery of any information or material. We
disclaim any responsibility for any harm resulting from downloading or accessing
any information or material on the Internet using search results from our sites.
We disclaim any responsibility for, and if you subscribe to one of our fee-based
services you will not be entitled to a refund as a result of, any service
outages that are caused by our maintenance on the servers or the technology that
underlies our sites, failures of our service providers (including
telecommunications, hosting, and power providers), computer viruses, natural
disasters or other destruction or damage of our facilities, acts of nature, war,
civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN
ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. THE
INFORMATION, CONTENT, PROGRAMS, FILES, AND LINKS FROM OR THROUGH THIS SITE ARE
PROVIDED “AS-IS”, “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THIS SITE
AND THE CONTENTS, APPLICATIONS, LINKS, PROGRAMS, FILES, AND INFORMATION HEREIN
MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. Dx21 AND AGENTS THEREOF
DISCLAIM ANY AND ALL LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON.
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND
INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY,
CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A
PARTICULAR SITUATION.
Dx21 AND AGENTS THEREOF ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY BUGS, VIRUSES, CORRUPTION, OR INACCURACIES OF ANY ELECTRONIC FILES
AVAILABLE ON OR THROUGH THIS SITE, INCLUDING FILES ATTACHED TO EMAIL MESSAGES OR
NEWSGROUP POSTS AUTHORED OR AUTHORIZED BY PARTIES ASSOCIATED WITH Dx21.
NO COMMUNICATIONS (WRITTEN, SPOKEN, OR OTHERWISE) FROM PARTIES ASSOCIATED
WITH THIS SITE AND/OR Dx21 WILL SUPERSEDE THE LIMITATIONS OF LIABILITY OUTLINED
IN THE ABOVE.
Miscellaneous
We may be required by state or federal law to notify you
of certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting
them on our sites or delivering them to you through
e-mail. You may update your e-mail address by visiting
the Services where you have provided contact
information. If you do not provide us with accurate
information, we cannot be held liable if we fail to
notify you. You have the right to request that we
provide such notices to you in paper format, and may do
so by contacting Customer Service, Dx21, LLC, 9594 1st
Ave. NE #213, Seattle, WA 98115.
Our failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver
of such right or provision.
You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out
of or related to use of our sites or these Terms must be
filed within one (1) year after such claim or cause of
action arose or be forever barred.
These Terms, including all terms, conditions, and
policies that are incorporated into these terms by
reference, constitute the entire agreement between you
and Dx21 and govern your use of our sites, superseding any prior agreements that you may have with
us.
These Terms shall be construed in accordance with the
laws of the State of Washington, and the parties
irrevocably consent to bring any action to enforce these
Terms before an arbitration panel or before a court of
competent jurisdiction in Seattle, Washington if
seeking interim or preliminary relief or enforcement of
an arbitration award.
If any part of these Terms is determined to be
invalid or unenforceable pursuant to applicable law,
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 Terms shall continue
in effect.