Terms of Service
- Online Services and Disclaimer of Warranty. The Dupuis web site provides online resources including, but not limited to, online information regarding Dupuis’ downloadable[demo programs]1. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.Dupuis assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Dupuis web site.
- Product Warranty. The sole warranty provided on any products purchased through this website is as set out in our [Hyperlink: Product Warranty]. NO OTHER WARRANTIES SHALL APPLY AND ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Dupuis assumes no responsibility for any losses other as provided therein.
- User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notifyDupuisat email@example.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Dupuis shall not be responsible for User’s failure to abide by this Paragraph.
- Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on theDupuisweb site, or privately transmitted through the Dupuis web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Dupuis web site. Dupuis does not and cannot control the informational content Users transmit through the Dupuis web site. Under no circumstances shall Dupuis be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Dupuis be held liable for any errors or omissions in any informational content transmitted by Users.
- User conduct. User agrees to not use theDupuisweb site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, is otherwise objectionable, or protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
(b) harm legal minors;
(c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of Dupuis;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of Dupuis’s web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam”, “junk mail.”or any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
(j) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Dupuis Properties except as expressly authorized herein, without Dupuis’ express prior written consent.
Dupuis does not pre-screen uploaded, posted or transmitted content, but Dupuis reserves the right to inspect, edit and delete any content that Dupuis knows, or has reason to know, has violated this TOS Agreement. Dupuis reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Dupuis may disclose any informational content Users post, upload or transmit to the Dupuis web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Dupuis, the public, or other Users.
- Content submitted by Users.Dupuisdoes not claim ownership of any informational content submitted by Users to the Dupuis web site. User grants Dupuis a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Dupuis web site. This license exists only so long as User allows its content to remain on the Dupuis web site and will terminate in the event that User removes such content.
- Indemnity. You agree to indemnify and holdDupuis, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of theDupuisweb site.
- Modifications.Dupuis reserves the right to modify any and all portions of the Dupuis web site without notice. Under no circumstances shall Dupuis be liable to User or any other party for such limits or modifications.
- Termination of User account.Dupuismay, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Dupuis be liable to User or any other party for such termination of User’s account.
- Third party advertisers. Dupuis may allow third party [affiliate]2 advertisers to advertise on the Dupuis web site. Dupuis takes no responsibility for User’s dealings with, including any online or other purchases from, any third party affiliate advertisers. Dupuis shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
- Hyperlink policy. TheDupuis Holdings, LLCsite may contain hyperlinks to other Internet sites not under the editorial control of Dupuis Holdings, LLC. These hyperlinks are not express or implied endorsements or approvals by Dupuis Holdings, LLC of any products, services or information available from these sites.
- Dupuis Holdings, LLC’sintellectual property rights. User agrees not to distribute, license, or create derivative works from any of Dupuis’ copyrighted or trademarked material, including graphic files and software, available on the Dupuis web site.
- Limitation of liability.DUPUIS HOLDINGS, LLC’SMAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). EXCEPT AS EXPRESSLY PROVIDED IN THE [Hyperlink: PRODUCT WARRANTY] FOR A PRODUCT PURCHASED ONLY BY THE DIRECT PURCHASER, DUPUIS HOLDINGS, LLC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
- Notice. Notices may be posted to theDupuisweb site or e-mailed to Users using the e-mail address Users submitted during the registration process.
- General. This TOS Agreement constitutes the entire agreement between you andDupuisand governs your use of the Dupuis web site. This TOS Agreement shall be governed by the laws of the State of Florida. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of in the State of . The failure of Dupuis to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement 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 the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you andDupuis. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation". This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Dupuis relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Dupuis relating to such subject matter. Notices to you (including notices of changes to this Agreement, if any) may be made via posting to the Dupuis Web Page or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Dupuis will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.