Last Updated: April 7, 2018
Terms And Conditions / User Agreement
Express Disclaimer of Consequential Damages
IN NO EVENT WILL THIS SOFTWARE, OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE OR IN OUR SOFTWARE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, SUSPENSION OF ANY PINTEREST ACCOUNT AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OUR SERVICES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SOFTWARE OR SERVICE, OR DOWNLOADED FROM THE SOFTWARE OR SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR SOFTWARE, OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR OUR SOFTWARE, OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Use Of Our Software
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our software or website is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our software or website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our software or website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your use of our software, website or materials linked to or in our software or website is completely at your own risk. You should not act or depend on any data in our software or on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data in our software or our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data in our software on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality or content of our software or website at any time. We reserve the right in our sole discretion to edit or delete any data appearing in our software or on our website.
Indemnification
You agree to indemnify, defend and hold harmless our software, our website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our software and website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of our software or website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our software or website.
Term; Termination
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
Service Uptime
We will do our best to provide continuous access to this software, website and/or any associated product for which you pay a subscription. However, it is not possible for any hosted site or piece of software to guarantee 100% uptime. If the uptime for our service falls below 95% in any one calendar month, for monthly subscription services, or 95% in any calendar year for our annual subscription services, paying customers will be entitled to a refund of their last payment and we will at that time also cancel the subscription and terminate and revoke their access to the service or product.
Submission of a refund request by email to any email address associated with the service or product will not be accepted as a valid notification to us. Customers must submit a request for such refund and cancellation within 30 days of any shortfall in the 95% uptime to our helpdesk at www.pinsuccess.com/helpdesk/
Promotional Email
If you provided your email address to us, whether through an opt-in form, by signing up for an account or by purchasing a product or service from us, you agree to receive promotional email from this software, this website, from PinSuccess.net, and from all of the other websites, products, services and brands owned by DASH Technologies LLC. You understand that these promotional emails do not constitute SPAM because you are agreeing to establish a business relationship with all of our websites, products, services and brands by using this software, using one of the opt-in forms, creating an account or purchasing a product or service. You can opt-out of receiving these emails at any time by following the opt-out instructions contained inside the promotional emails that are sent to you.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in Charleston County, South Carolina. Accordingly, it shall be governed and construed in accordance with the laws of South Carolina in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our software, website, services or contact via this software or any website or email correspondence must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, services or email correspondence, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Buncombe County, North Carolina. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability
Our software and website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our software and website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this agreement can and will change over time. Accordingly, this agreement could read differently as of your very next visit. These changes are necessitated, and carried out, in order to protect you and our software and our website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We have paid to license the use of these legal notices and administrative pages for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by contacting us at our helpdesk, www.pinsuccess.net/helpdesk/
End-User License Agreement
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using My Application (change this) (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
Under the terms of this Software End User License Agreement (hereinafter referred to as “the Agreement”) executed by and between DASH Technologies LLC (hereinafter referred to as “the Provider”) and you, a physical person or legal entity (hereinafter referred to as “You” or “the End User”), you are entitled to use the Software defined in Article 1 of this Agreement.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Software. As used in this Agreement the term “Software” means: (i) the Social Multiplier 2 computer program and all components thereof; (ii) all the contents of the disks, CD-ROMs, DVDs, e-mails and any attachments, or other media with which this Agreement is provided, including the object code form of the Software supplied on a data carrier, via electronic mail or downloaded via the Internet; (iii) any related explanatory written materials and any other possible documentation related to the Software, above all any description of the Software, its specifications, any description of the Software properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software (hereinafter referred to as “Documentation”); (iv) copies of the Software, patches for possible errors in the Software, additions to the Software, extensions to the Software, modified versions of the Software and updates of Software components, if any, licensed to You by the Provider pursuant to Article 3 of this Agreement. The Software shall be provided exclusively in the form of executable object code.
2. Installation. Software supplied on a data carrier, sent via electronic mail, downloaded from the Internet, downloaded from the Provider’s servers or obtained from other sources requires installation. You must install the Software on a correctly configured computer, complying at least with requirements set out in the Documentation. The installation methodology is described in the Documentation. No computer programs or hardware which could have an adverse effect on the Software may be installed on the computer on which You install the Software.
3. License. Subject to the condition that You have agreed to the terms of this Agreement, You pay the License Fee within the maturity period and You comply with all the terms and conditions stipulated herein, the Provider shall grant You the following rights (“the License”):
a) Installation and use. You shall have the non-exclusive, non-transferable right to install the Software, for internal and personal purposes only, on a single central processing unit.
b) Stipulation of the number of licenses. The right to use the Software shall be bound by the number of End Users. One End User shall be taken to refer to the following: (i) installation of the Software on one computer system. You must not use the same License at the same time on more than one computer.
c) Term of the License. Your right to use the Software shall be time-limited.
d) Termination of the License. The License shall terminate automatically at the end of the period for which granted. If You fail to comply with any of the provisions of this Agreement, the Provider shall be entitled to withdraw from the Agreement, without prejudice to any entitlement or legal remedy open to the Provider in such eventualities. In the event of cancellation of the License, you must immediately delete and destroy the Software and all backup copies.
4. Connection to the Internet. To operate correctly the Software requires connection to the Internet and must connect at regular intervals to the Provider’s servers or third-party servers. Connection to the Internet is necessary for the following features of the Software:
a) Updates to the Software. The Provider shall be entitled from time to issue updates to the Software (“Updates”), but shall not be obliged to provide Updates. This function is enabled under the Software’s standard settings and Updates are therefore installed automatically, unless the End User has disabled automatic installation of Updates.
5. Exercising End User rights. You must exercise End User rights in person or via your employees. You are only entitled to use the Software to safeguard your operations and protect those computer systems for which You have obtained a License.
6. Restrictions to rights. You may not copy, distribute, extract components or make derivative works of the Software. When using the Software You are required to comply with the following restrictions:
(a) You may make one copy of the Software on a permanent storage medium as an archival back-up copy, provided your archival back-up copy is not installed or used on any computer. Any other copies You make of the Software shall constitute breach of this Agreement.
(b) You may not use, modify, translate or reproduce the Software or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement.
(c) You may not sell, sub-license, lease or rent or borrow the Software or use the Software for the provision of commercial services.
(d) You may not reverse engineer, reverse compile or disassemble the Software or otherwise attempt to discover the source code of the Software, except to the extent that this restriction is expressly prohibited by law.
(e) You agree that You will only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
7. Copyright. The Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by The Provider. They are protected by international treaty provisions and by all other applicable national laws of the country in which the Software is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of The Provider. You must not copy the Software, except as set forth in Article 6(a). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. If You reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software, in breach of the provisions of this Agreement, You hereby agree that any information thereby obtained shall automatically and irrevocably be deemed to be transferred to and owned by the Provider in full, from the moment such information comes into being, notwithstanding the Provider’s rights in relation to breach of this Agreement.
8. Reservation of rights. The Provider hereby reserves all rights to the Software, with the exception of rights expressly granted under the terms of this Agreement to You as the End User of the Software.
9. Multiple language versions, dual media software, multiple copies. In the event that the Software supports multiple platforms or languages, or if You receive multiple copies of the Software, You may only use the Software for the number of computer systems and for the versions for which You obtained a License. You may not sell, rent, lease, sub-license, lend or transfer versions or copies of the Software which you do not use.
10. Commencement and termination of the Agreement. This Agreement is effective from the date You agree to the terms of this Agreement. You may terminate this Agreement at any time by permanently uninstalling, destroying and returning, at your own costs, the Software, all back-up copies and all related materials provided by the Provider or its business partners. Irrespective of the manner of termination of this Agreement, the provisions of Articles 7, 8, 11, 13, 20 and 22 shall continue to apply for an unlimited time.
11. END USER DECLARATIONS. AS THE END USER YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
12. No other obligations. This Agreement creates no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE LICENSE.
14. Statutory Rights. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer if running contrary thereto.
15. Technical support. The Provider or third parties commissioned by The Provider shall provide technical support at their own discretion, without any guarantees or declarations. The End User shall be required to back up all existing data, software and program facilities prior to the provision of technical support. The Provider and/or third parties commissioned by The Provider cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. The Provider and/or third parties commissioned by The Provider reserve the right to decide that resolving the problem is beyond the scope of technical support. The Provider reserves the right to refuse, suspend or terminate the provision of technical support at its own discretion.
16. Transfer of the License. The Software can be transferred from one computer system to another, unless contrary to the terms of the Agreement. If not contrary to the terms of the Agreement, the End User shall only be entitled to permanently transfer the License and all rights ensuing from this Agreement to another End User with the Provider’s consent, subject to the condition that (i) the original End User does not retain any copies of the Software; (ii) the transfer of rights must be direct, i.e. from the original End User to the new End User; (iii) the new End User must assume all the rights and obligations incumbent on the original End User under the terms of this Agreement; (iv) the original End User has to provide the new End User with documentation enabling verification of the genuineness of the Software as specified under Article 17.
17. Verification of the genuineness of the Software. The End User may demonstrate entitlement to use the Software in one of the following ways: (i) through a license certificate issued by the Provider or a third party appointed by the Provider; (ii) through a written license agreement, if such an agreement was concluded; (iii) through the submission of an e-mail sent to the Provider containing licensing details (user name and password) enabling Updates.
18. Data regarding the End User and protection of rights. As the End User, You hereby authorize the Provider to transfer, process and store data enabling the Provider to identify You. You hereby agree to the Provider using its own means to check whether You are using the Software in accordance with the provisions of this Agreement. You hereby issue your agreement to data being transferred, during communication between the Software and the Provider’s computer systems or those of its business partners, the purpose of which is to ensure functionality of and authorization to use the Software and protection of the Provider’s rights. Following conclusion of this Agreement, the Provider or any of its business partners shall be entitled to transfer, process and store essential data identifying You, for billing purposes and performance of this Agreement.
19. Export and re-export control. The Software, the Documentation or components thereof, including information about the Software and components thereof, shall be subject to import and export controls under legal regulations which may be issued by governments responsible for issue thereof under applicable law, , including US law. Export Administration Regulations and end-user, end-use and destination restrictions issued by the US Government and other governments. . You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain all licenses required to export, re-export, transfer or import the Software.
20. Notices. All notices and return of the Software and Documentation must be delivered to: The Provider.
21. Applicable law. This Agreement shall be treated as though executed, set in force, and performed in Charleston County, South Carolina. Accordingly, it shall be governed and construed in accordance with the laws of South Carolina in terms of those applicable to agreements, without regard to conflict of law principles. You expressly agree that any disputes or claims ensuing from this Agreement with respect to the Provider or any disputes or claims relating to use of the Software shall be settled in Charleston County, South Carolina.
22. General provisions. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable in accordance with the conditions stipulated therein. This Agreement may only be modified in written form, signed by an authorized representative of the Provider or a person expressly authorized to act in this capacity under the terms of a power of attorney.
This is the entire Agreement between the Provider and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.