Terms of Use

This website (the “Site”) is provided by Demain, LLC (hereinafter, “Demain”, “we”, “us”, or “our”) and is subject to these terms, conditions and notices and all modifications thereto (the “Terms and Conditions”). “You” and “your” refer to each company, supplier, or individual that uses this Site. The following Terms and Conditions constitute a legal agreement.

By accessing or using this Site, you agree to all terms of use, conditions, and notices contained or referenced in these Terms and Conditions. You further agree to comply with all procedures, rules and policies established by us, and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.). If you do not agree to these terms, you may not use this Site.

Unless otherwise indicated, use of this Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may display and electronically copy, download and print hard copies of portions of the material from the Site solely for your own noncommercial use. You agree that you do not acquire any ownership rights in any such materials as a result of downloading such materials from the Site. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content on this Site, without prior written permission of Demain is strictly prohibited.

We may prohibit or enjoin any conduct or use of the Site that restricts or prevents other users from using the Site, and we have the right to deny access to anyone that we deem unfit to use the Site for any reason or no reason. Notwithstanding the above, we have no obligation to monitor the use of the Site, but we reserve the right to do so. 

Modifications

These Terms and Conditions, as well as all content on the Site, are subject to change without notice. Furthermore, Demain may discontinue or modify any aspect of the Site without notice or liability.

Disclaimer

This Site and all information, products and services included herein, including without limitation, text, graphics and links, are provided “as is” and without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Demain does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, and makes no representation or warranty as to the accuracy, adequacy, usefulness, timeliness, or reliability of information contained in the Site.

Submissions

Except for personal information provided per the Privacy Statement, any information, material or communication, including but not limited to feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, submitted to Demain is considered non-confidential and non-proprietary. Demain is free to use, copy, modify, adapt, publish, translate, distribute and/or incorporate such into other works for any and all purposes, commercial or noncommercial.

Limitation of Liability

Your use of this Site is at your own risk. Demain shall not be liable for any damages, including but not limited to direct, indirect, special, punitive, incidental, exemplary or consequential, arising out of or in connection with the use, inability to use, or performance of this Site regardless of whether Demain has been advised, knew, or should have known of the possibility of such damages. If you are dissatisfied with any materials or information provided on this Site, your sole and exclusive remedy is to discontinue using the Site.

Links

This Site may contain links to Internet sites not under the control of Demain. These links are provided solely as a convenience to users and therefore, you access them at your own risk. Any link provided on this Site is not an endorsement by Demain of that site or any of its contents, products, or services contained or offered therein and is not to imply that Demain has reviewed, is responsible for, sponsors, endorses, is affiliated with or associated with the linked site. These Terms and Conditions and Demain’s Privacy Statement, contained herein, are specifically not applicable to any linked site. Therefore, you should review the Terms and Conditions and Privacy Statement of any linked site before submitting personal information.

You may not: (i) link to the home page of this Site; (ii) link to any internal pages of this Site; (iii) link directly to any graphics or files on this Site; or (iv) frame or mirror any part of this Site.

Copyrights and Trademarks

The entire content of the Site, including but not limited to text, design, graphics, interfaces, code and the selection and arrangement thereof is the sole and exclusive property of Demain. Copyright Demain. All rights reserved.

All trademarks, service marks and trade names used in this Site are the property of Demain, or its affiliates or are used herein by permission of the owner.

Nothing within these Terms and Conditions and this Site shall be construed as conferring any rights or licenses to any of our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

Applicable Laws and International Users

Your use of this Site shall be governed in all respects by the laws of the State of Kentucky, USA, without regard to its choice of law provisions. You agree by accessing this Site that jurisdiction over, and venue in, any legal proceedings directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Campbell County of Kentucky. Demain makes no representation that materials in this Site are appropriate or available for use in locations outside of the USA, and access to this Site from territories where the content is illegal is prohibited. Those who access this Site from locations outside the USA are solely responsible for compliance with all local laws.

Term and Termination Provisions

These Terms and Conditions may be modified or terminated by Demain without notice at any time for any reason or no reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Limitation of Liability, Applicable Laws, and Arbitration as well as the Privacy Statement shall survive any termination.

Arbitration

Demain, at its own discretion may require any user of this Site to submit any disputes arising from the use of this Site or these Terms and Conditions to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association.