THEDAVISSTANDARD.COM
WEBSITE TERMS OF USE
Effective: October 26, 2023
These terms of use (the “Terms”) are a legal contract between you (“you” and “your”) and JP Davis LLC (“Company,” “we,” “us,” or “our”) and govern your access to, and use of, the Company’s public facing website located at thedavisstandard.com (the “Site”) and Content (as defined below in Section 3).
For the avoidance of doubt, these Terms do not apply to any services and/or products provided by Company unless the use of such services and/or products are expressly subject to these Terms (for example, through an authorized link at the time you obtain such services). The use of any Company services and/or products shall be subject to the applicable consulting and/or services agreement entered into between you and Company for the applicable service(s).
Please be advised that COMPANY does not provide warranties for the SITE AND/OR CONTENT and these Terms limit our liability to you. Please see Sections 9 AND 10 for further information.
BY ACCESSING AND/OR USING THE SITE AND/OR CONTENT, YOU acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree with any of these terms, do not access or otherwise use the Site or any information contained on the Site.
1. Changes to the Site and Content; Modification of these Terms
COMPANY MAY MAKE CHANGES TO, AND/OR DISCONTINUE OR SUSPEND, THE SITE AND/OR CONTENT AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGES, SUSPENSION OR DISCONTINUANCE OF THE SITE AND/OR CONTENT (OR ANY PART THEREOF).
COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS AT ANY TIME. IF COMPANY MAKES ANY SUCH CHANGES, COMPANY WILL POST UPDATED TERMS OF USE ON THIS SITE. IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS, WE WILL NOTIFY YOU BY POSTING A NOTICE OF THE CHANGES ON THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY VISIT AND REVIEW THESE TERMS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SITE. IF YOU DO NOT CEASE USING THE SITE AND/OR CONTENT FOLLOWING THE DATE WE POST THE UPDATED TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
2. Privacy and personal information
For information about Company data protection practices, please read Company’s Privacy Policy available at https://thedavisstandard.com/privacy-policy. This policy explains how Company treats your personal information, and protects your privacy, when you provide personally identifiable information to Company in connection with your use of the Site.
3. Access and Use of Site and Content
Subject to your compliance with these Terms, Company grants you a limited, revocable, nonexclusive right to access and use the Site and Content solely for your own personal non-commercial use.
Company and its licensors retain all right, title and interest in and to the Site, including, without limitation, any and all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site (collectively, the “Content”). All Company trademarks are strictly owned by Company, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any Company trademark without written authorization from Company. The names of actual companies and products mentioned within the Site and/or Content may be the trademarks of their respective owners. Company reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Company. The Content and Site, and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and/or any Content.
4. Prohibited Use
As a condition of your use of the Site and Content, you warrant to Company that you will not use the Site and/or Content for any purpose that is unlawful or prohibited by these Terms. Specifically, you are not allowed to (directly or indirectly): (i) resell or otherwise make commercial use of the Site and/or Content; (ii) collect or use any images, descriptions, or other content included in the Site and/or Content, or any portion thereof; (iii) copy, imitate, distribute, publicly perform, or publicly display Site and/or Content; (iv) modify or otherwise make any derivative uses of the Site and/or Content, or any portion thereof; (v) use data mining, robots or similar data gathering or extraction methods on the Site; (vi) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Site; (vii) introduce into the Site any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (viii) remove or alter any proprietary notices or labels on or in the Site and/or Content; (ix) use the Site and/or Content to directly or indirectly develop any product or service that competes with the Site; (x) download (other than page caching) any portion of the Site and/or Content or any information contained therein, except as expressly permitted on the Site; or (xi) use the Site and/or Content other than as expressly permitted in these Terms.
You may not use the Site and/or Content in any manner that would violate any applicable laws, rules or regulations, or, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site and/or Content. 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, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
5. Feedback
Company shall be entitled to unrestricted use of any and all comments, suggestions, ideas, notes, drawings, concepts, problems or other information with respect to the Site and/or Content disclosed or offered by you to us (collectively, “Feedback”). We may use the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback.
6. Termination
Company reserves the right, in its sole discretion, to terminate and/or suspend your access to the Site and/or Content or any portion thereof at any time, for any reason, without notice.
7. Links to Third Party Sites
The Site may contain links to other third party websites which are not controlled or owned by Company (“Linked Sites”). If you decide to access and use such Linked Sites, be advised that your use is governed solely by the terms and conditions of such Linked Sites, and Company does not endorse, is not responsible for, and makes no representations as to such Linked Sites, their content or the manner in which they handle your data. Company is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Linked Sites, or your reliance on the privacy practices or other policies of such Linked Sites.
8. Availability of the Site
Company makes no claims regarding the availability or right to access or use of the Site and/or Content outside of the United States. Company may restrict access to the Site and/or Content, or portions thereof, in certain countries in its sole discretion, and the Site and/or Content may not be available or accessible in all languages. If you use or access the Site and/or Content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction with respect to your use of the Site and/or Content in your country of residence.
9. Disclaimer
THE SITE AND CONTENT (AND ALL PARTS THEREOF), AND ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE". COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
COMPANY AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT THE SITE AND/OR CONTENT (OR ANY PART THEREOF), OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY SITES; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY LINKED SITES, ADVERTISED OR ACCESSIBLE THROUGH THE SITE AND/OR CONTENT, AND COMPANY WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY OPERATORS OF SUCH LINKED SITES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR CONTENT, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE AND/OR CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE AND/OR CONTENT (or any part thereof), and/or ANY OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE, EXCEED ONE HUNDRED DOLLARS ($100.00). COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY’S LICENSORS AND SUPPLIERS.
11. Application of Disclaimers and Limitations
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES, THE ABOVE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. In such event, the liability of COMPANY for such damages will be limited to the greatest extent permitted by applicable law in such jurisdiction.
12. Indemnification
You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach. Except as prohibited by law, you will hold Company and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Site and/or Content; and (ii) your violation of any of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Site and/or Content.
13. Governing Law and VENUE
These Terms shall be governed by, construed and enforced in accordance with, the laws of the State of New York, without reference to its choice of law rules to the contrary. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in New York County, New York, in connection with any action arising out of or in connection with these Terms. Notwithstanding anything to the contrary herein, Company may seek injunctive or other appropriate relief in any court with competent jurisdiction in any country, in the event of any actual or alleged violation of Company’s intellectual and proprietary rights.
14. General
Entire Agreement
The Terms constitute the entire agreement between you and Company, and supersedes all prior oral or written agreements or communications with regard to the subject matter described herein. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.
Waiver
You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Severability
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.
15. Questions
If you have any questions regarding these Terms, please send an email to jessica@thedavisstandard.com.
